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2001-24517 RESO RESOLUTION NO. 2001-24517 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FISCAL YEAR 200112002, WInCH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AND THE EMERGENCY SHELTER GRANTS (ESG) PROGRAM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS NECESSARY TO IMPLEMENT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANTS (ESG) ACTIVITIES, WHICH WERE INCLUDED AS PART OF THE ONE-YEAR ACTION PLAN, AS FOLLOWS: TWENTY-NINE (29) CDBG SUB-RECIPIENT AGREEMENTS, TWO (2) CDBG INTERDEPARTMENTAL COOPERATION AGREEMENTS; TWO (2) ESG INTERDEPARTMENTAL COOPERATION AGREEMENT; AND THREE (3) ESG SUB-RECIPIENT AGREEMENTS; AUTHORIZING THE ADMINISTRATION AND THE OFFICE OF THE CITY ATTORNEY TO MAKE MINOR NON- SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION; AMENDING CERTAIN AGREEMENTS, AS SET FORTH IN THE BODY OF THIS RESOLUTION, FOR FISCAL YEAR 1999/2000, 1998/1999, 1997/1998, AND 1996/1997 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUn) AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL FUNDS WHEN RECEIVED. WHEREAS, the City of Miami Beach is an entitlement recipient offederal formula grant programs, as follows: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG), and has been for the last 27 years; and WHEREAS, this year, the City anticipates it will receive a total of $4,591 ,000 in federal grants from HUD, as follows: $2,867,000 in CDBG funds, $1,626,000 in HOME funds; and $98,000 in ESG funds; and WHEREAS, for Fiscal Year 2001/2002, the City anticipates that its subrecipients will receive approximately $300,000 in program income, which said subrecipients will retain and use in furtherance of tbeir CDBG- funded activities; and WHEREAS, the One-Year Action Plan is a federal requirement which serves as both a planning document for the City's intended use of these funds and as an application to the U.S. Department of Housing and Urban Development (HUD) for continued funding under the federal formula grant programs (CDBG, ESG and HOME); and WHEREAS, a planning process begun on February 1,2001 witb the issuance ofa Request for Proposals (RFP) for the use of federal funds and during this planning process, the Administration and the Community Development Advisory Committee (CDAC) received public input regarding areas of need, as they relate to housing and community development needs and priorities for the City with a pre- development public hearing held on February 27,2001 to obtain citizen input on Ihe needs within the community; and WHEREAS, the requests for funding proposals for the CDBG and ESG programs were reviewed and analyzed by both the Administration and the CDAC to prepare the One-Year Action Plan; and WHEREAS, this year, for the first time, the Committee on the Homeless was asked to provide input regarding proposals selected for funding in the area of homeless continuum of care needs, which recommendations were adopted by the CDAC and the Administration, and included in the final recommendations; and WHEREAS, the resulting Plan outlines a funding strategy to address meeting Ihe identified needs in a prioritized manner; and WHEREAS, the Plan was available for public review and comment and its availability was advertised in local newspapers, on the City's cable channel, and on the City's web site during a Ihirty (30) day public comment period, which began June 1,2001 and ended June 30, 2001; and WHEREAS, to further encourage public participation, the Administration, together with the CDAC, held and conducted a public hearing on June 26, 200 I, to obtain comments and input from citizens, relative to the One-Year Action Plan, and related documents, to be submitted to the U.S. Department of Housing and Urban Development by the City of Miami Beach, with no comments being received contrary to the activities and funding proposed for Fiscal Year 2001-2002; and WHEREAS, as part ofthe allocation process, the City is tasked with reprogramming prior years' CDBG funds that remain unspent at the end oflhe fiscal year, amounts to be reprogrammed from non-public service activities involve multi-year capital improvement projects, such as streetscape improvements, housing rehabilitation, and public facilities improvements, which traditionally have carried over funds from the year funds were awarded until the programs or activities were completed; and WHEREAS, the necessary amendment to the Agreements set forth below, reflecting the aforestated change, is a routine administrative procedure that the City undertakes from time to time to ensure that Federal funds are used in a timely manner that provides the greatest benefit for the low and moderate income residents of Miami Beach; and WHEREAS, the following Agreements will be amended to extend the expiration dates of said Agreements to September 30, 2002 to allow for the activities contemplated therein to be completed: I. Miami Beach Community Development Corporation Preservation and Rehabilitation Program, dated October 1,1999, to provide grants for fal'ade improvements; 2. Miami Beach Community Development Corporation South Beach Residential Neighborhood - Public Space Improvements Program, dated October 1, 1997, October I, 1998, and October I, 1999, to complete Phase II of a two-phase project that will provide streetscape improvements in the 500 Block of Espailola Way and the 600 Block of 14th Place; 3. North Beach Development Corporation North Beach Fal'ade Renovation Program, dated October I, 1999, to provide grants for eligible fal'ade improvements and the correction of code violations. 4. City of Miami Beach Public Works Department North Beach Streetscape Program and 77th ~~ Street Extension, dated October I, 1998, to coordinate and prioritize needed street improvements projects in the northern Community Development target areas. 5. City of Miami Beach Fire Station Number 4 Rehabilitation, dated October I, 1998 to rehabilitate Fire Station Number 4. 6. City of Miami Beach Multi-Family Housing Rehabilitation Program, dated October I, 1996, October I, 1997, October 1,1998, and October 1,1999, to rehabilitate multi-unit buildings and upgrade the existing housing stock; and 7. City of Miami Beach Planned Repayment of Section 108 Loan, dated October 1,1999, to repay the principal balance of Section 108 loan; and WHEREAS, the Administration recommends that the City extend the expiration date for the aforestated Agreements, to continue to provide much needed capital improvement projects with the necessary funding for project completion. WHEREAS, the City Manager is the designated agent for the formula grants and executes the grant applications, grant agreements, and other applicable HUD documents; and WHEREAS, upon Commission approval, Ihe One-Year Action Plan will be forwarded to the U.S. Department of Housing and Urban Development on or before the August 16,2001 deadline. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission adopt the City's One-Year Action Plan For Fiscal Year 2001/2002, which includes Ihe budgets for the Community Development Block Grant (CDBG) program, the HOME Investment Partoerships (Home) program, and the Emergency Shelter Grants (ESG) program; authorizing the Mayor and City Clerk to execute agreements necessary to implement the Community Development Block Grant (CDBG) and Emergency Shelter Grants (ESG) activities, which were included as part ofthe One-Year Action Plan, as follows: twenty-nine (29) CDBG Sub-Recipient Agreements, two (2) CDBG Interdepartmental Cooperation Agreements; two (2) ESG Interdepartmental Cooperation Agreements; and three (3) ESG Sub-Recipient Agreements; authorizing the Administration and the Office of the City Attorney to make minor non- substantive changes to the One- Year Action Plan or resulting Agreements before execution; amending certain Agreements, as set forth in the body ofthis Resolution, for Fiscal Year 1999/2000, 1998/1999, 1997/1998, and 1996/1997 for the Community Development Block Grant Program to extend the expiration dates of said Agreements; authorizing the City Manager to execute all applicable documents and submit the One-Year Action Plan to the U.S. Department of Housing and Urban Development (HUD) and authorizing the appropriation of all federal funds when received. PASSED AND ADOPTED TillS 18th day of July of 200 I. ATTEST: MAYOR ~ ~rf~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION \\eH2\ VOL l \DDHP\SALL \L YSSETTE\ACTPLAN\200 \..o2\Resoh.lIion_doc ~ 1-lr>-O( ~ Data EXHIBIT A m - CITY OF MIAMI BEACH ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FISCAL YEAR 2001-2002 CITY OF MIAMI BEACH NEIGHBORHOOD SERVICES DEPARTMENT OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL 33139 (305) 673-7260 PHONE (305) 673-7772 (FAX) htto:llci.m iam i-beach. fl.us lQ - CITY OF MIAMI BEACH ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FISCAL YEAR 2001-2002 CITY OF MIAMI BEACH NEIGHBORHOOD SERVICES DEPARTMENT OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FL 33139 (305) 673-7260 PHONE (305) 673- 7772 (FAX) httP;llei.miami-beach.fl.us City o(l\-liami Beach Clnc-'{car /\cliu[l Plan for Federal Fllnds Fiscal Yea,. 2001-2002 m City of Miami Beach City Commission Neisen Kasdin, Mayor Matti Herrera Bower, Vice-Mayor Simon Cruz, Commissioner David Dermer, Commissioner Luis R. Garcia, Jr., Commissioner Nancy Liebman, Commissioner Jose Smith, Commissioner City Administration Jorge M. Gonzalez, City Manager Mayra Diaz-Buttacavoli, Assistant City Manager Christina M. Cuervo, Assistant City Manager Robert C. Middaugh, Assistant City Manager Timothy Hemstreet, Special Assistant to the City Manager Ramiro Inguanzo, Chief of Staff Community Development Advisory Committee Dr. Judith Berson, Chairperson Fernand Amandi Timothy Barnum Mike Brazlavsky Stephen Cassell Beth Gopman Lilliam Janata Rebecca Johnson Jason Loeb Laura Morrilla Dr. Todd Narson Harlan Sands Juan Torres City ol"Mlallll Beach ()nc~Ycar \niclll Plan for Federal funds Fiscal 'y'car 2001-2002 Committee on the Homeless Maria Suarez-Pellerin, Chairperson Jeff Bechdel, Co-Chair Dr. Zeiven Beichtman Mark Hildebrandt Sheila Kelly Murray Kirschner Teena Weiss Marjorie York Loan Review Committee Philip M. Brazlavsky Hope Fuller James Gleason Joshua Levy George F. Psomopoulos 1. Wallace Tutt, III Patricia Walker, CPA Neighborhood Services Department Office of Housing and Community Development Robert C. Middaugh, Assistant City Manager Community Development Division Joanna Revelo, Director Margarette Cesar, Account Clerk Lyssette Cripps, CDBG Projects Coordinator Bertha Fortunato, Account Clerk II John Quade, Community Development Specialist Mercedes Rovirosa, Administrative Secretary Vacant, Homeless Assistance Coordinator Housing Division Miguell del Campillo, Director Steven K. Cumbo, Senior Housing Specialist Renee Herman, Elder Affairs Coordinator Dionne Ireland, Clerk Typist Susan Stark-Lichstein, Housing Specialist Russell Shreeve, Housing Specialist Thomas Urriola, Housing Specialist City oJ'\1liami Beach One-"'y'car /\cli(ll) Plilll J()I' Fcdl'J'ill Funds F"iscal Year 2001-.?002 TABLE OF CONTENTS EXECUTIVE SUMMARY TABLE OF CONTENTS 1-2 3 I. ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2001-2002 A. FORM APPLICATION (SF 424 FORMS) AND IMPLEMENTING RESOLUTION B. AVAILABLE RESOURCES 4 c. ACTIVITIES TO BE UNDERTAKEN Community Development Block Grant (CDBG) Activities Emergency Shelter Grants (ESG) Activities HOME Investment Partnerships (HOME) Activities 5-10 II 12 D. PRIORITY NEEDS ADDRESSED 13 E. GEOGRAPHIC DISTRIBUTION OF FuNDS 14-15 F. HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES 16-18 G. OTHER ACTIONS 19-20 H. MONITORING 21 II. APPENDICES FY 2001-2002 Listing of Proposed Projects Geographic Distribution of Projects for 2001-2002 Citizen Participation Process CDBGIESG/HOME FY 2001-2002 Funding Ledger Guidelines for the Recapture of HOME Funds, LeverageIMatch Federal Certifications Appendix to Certifications Appendix I Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 6A page :I elly oJ'\llanll Beach 01](> \' car i\clilHl Plan It)r Ft'dcl'<l1 funds Fiscal Year 2001<W02 EXECUTIVE SUMMARY The City of Miami Beach is a recipient of federal entitlement grants funds from the U.S. Department of Housing and Urban Development (HUD). In 1998, the City adopted its 5-Year Consolidated Plan. The Consolidated Plan is a planning document required by HUD and developed by entitlement recipients. The Plan furthers the statutory goals of four programs: Community Development Block Grant (CDBG), Emergency Shelter Grants (ESG), HOME Investment Partnerships (HOME), and Housing Opportunities for People with AIDS (HOPW A). It has four functions: . Serves as a planning document for each community, built upon public participation and input; . Serves as an application for funds under HUD's formula grant programs; . Describes and sets out local priorities; and . Describes a 3 to 5-year strategy for the community to follow in implementing HUD programs. One of the requirements of the Consolidated Plan is to prepare an annual action plan that outlines the housing and community development programs to be funded with the entitlement funds allocated by HUD. This One-Year Action Plan includes recommendations for funding for activities and programs under the CDBG, ESG, and HOME programs. It is a civic and planning document that presents the following information: . A description of the City of Miami Beach Citizen Participation Process; . A description of the federal and other resources available within the Miami Beach community to undertake housing and nonhousing community development activities; and . A list of the activities and programs to be funded for the fiscal year 2001-2002. As an entitlement jurisdiction, the City of Miami Beach anticipates that it will receive the following funds for Fiscal Year 2001-2002: $2,867,000 Entitlement Funds $1,626,000 Entitlement Funds $ 98,000 Entitlement Funds $ 400,000 Program Income Community Development Block Grant Program HOME Investment Partnerships Program Emergency Shelter Grants Program Community Development Block Grant Program Federal Funds by Source CESG 2% .HOME 33% . CDBG .HOME CESG CDBG 65% CDBG BUDGET FOR FY 2001/2002 Page J City 01' ivli3nli Beach ()nt::-"y'ear Action Plan !(ir Federal Funds Fiscal Y CJr 200 I ~2002 Revenue Projected CDBG Allocation for FY 2001/2002 Projected Program Income Total Revenue $ 2,867,000 400,000 $3,267,000. Expenditures Economic Development (Rehab & Preservation, Microenterprise) Housing (Rehab, Homeownership Assistance, AcquisitionIDisposition) Public Services Public Services/North Beach Neighborhood Revitalization Area Other (Code Enforcement, Planned Repayment of Section 108 Loan, Removal of Architectural Barriers) Program Income Retained by Subgrantees Program Administration Total Expenditures HOME BUDGET FOR FY 200112002 Revenue Projected HOME Allocation for FY 2001/2002 Total Revenue $ 625,000 625,000 576,600 120,000 267,000 400,000 653.400 $3,267,000 Expenditures HOME Projects CHDO Set-Aside CHDO Operating Program Administration Total Expenditures $ 1.626,000 $ 1,626,000 $ 582,100 800,000 81,300 162,600 $ 1,626,000 ESG BUDGET FY 200112002 Revenue Projected ESG Allocation for FY 2001/2002 $ Total Revenue $ 98,000 98,000 Expenditures Competitive Funding (Sub-grants to non-profit and Governmental entities) $ Homeless Prevention $ 29,400 Emergency Shelter/Outreach/Transitional Housing 63,700 Program Administration Total Expenditures 93,100 4,900 98,000 Funds by Expenditure E:I CHOO Set-Aside C CHOO Expenses . Program Administration . Projects COBG ESG HOME Page 4 City or \/liami [kach OI1~-\'l~~lr .\ClHH] Phll1 !~)r r'l'c!L'ral Funds Fiscal1'ear2001-2002 AVAILABLE RESOURCES Federal Resources (Federal resources expected to be available during fiscal year 2001-2002 to address the priority needs and specific objectives identified in the City of Miami Beach 5-Year Consolidated Plan. These resources include entitlement grant funds and program income. ) Community Development Block Grant Program HOME Investment Partnerships Program Emergency Shelter Grants Program Program Income (Estimate) Total Federal Resources $ 2,867,000 1,626,000 98,000 400,000 $4,991,000 Other Resources (Resources from private and non-Federal public sources that are reasonably expected to be made available to address the needs identified in the Consolidated Plan during fiscal year 2001-2002. Federal funds will leverage these additional resources, including matching requirements oftbe HOD programs.) State Housing Initiatives Partnership (SHIP) Program Owners Match for City of Miami Beach Housing Programs Emergency Shelter Grants Local Provider Match Miami-Dade Surtax Funds Total Other Resources $ 516,058 300,000 98,000 500,000 1,414,058 $ Available Resources by Type Federal . Federal . Other Other Page :> ('it) or1\lianl1 [kaell (lnc-yc,lr i\clion PI(l1l IlX Federal Fund~ Fiscal 'Y'L'~H' 2001<~002 ACTIVITIES TO BE UNDERTAKEN The City of Miami Beach will undertake the following activities during fiscal year 2001-2002, to address priority needs in terms of local objectives that were identified in the City's 5- Year Consolidated Plan. The One-Year Action Plan intends to provide a balanced level of funds that addresses both the community development and housing needs within the designated target areas, as well as on a citywide basis. This section provides detailed information on each activity to be undertaken by the City, using the federal funds anticipated. The details of the specific projects can be found within Appendix 1. The maps in Appendix 2 can be used to ascertain the locations of the specific projects. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTIVITIES - $3,267,000 (This list of activities includes the entitlement of$2,867,000 plus program income of$400,000): ACQUISITION AND DISPOSITION ($160,000 AND PROGRAM INCOME OF $160,000) Acquisition ($80,000 plus program income of $80,000) . Miami Beach Community Development Corporation - Scattered Site Home Buyer Assistance Program - Acquisition - $80,000 - To provide scattered site home ownership opportunities to eligible first-time homebuyers in Miami Beach. The activity is expected to generate an additional $80,000 in program income. Disposition ($80,000 plus program income of $80,000) . Miami Beach Community Development Corporation - Scattered Site Home Buyer Assistance Program - Disposition - $80,000 - To provide scattered site home ownership opportunities to eligible firsHime homebuyers in Miami Beach. The activity is expected to generate an additional $80,000 in program income. PUBLIC SERVICES ($576,600) General Public Services ($62,600) . Miami Beach Community Development Corporation - Tenants Service Coordinator - $22,600 - To hire a coordinator to bring together existing program services for mostly low and very low income, elderly, and special needs tenants. . UNIDAD of Miami Beach, Inc. - Project Link - $40,000 - To provide information and referral services, employment activities and bilingual assistance to income-eligible Miami Beach residents at the Miami Beach Hispanic Community Center. Senior Services ($83,000) . Jewish Community Services - Miami Beach Senior Center Adult Day Care Services - $15,000 - To provide an aide to supervise day care services to frail elderly senior citizens in a structured supportive setting with daily activities, nutritionally balanced meals and therapies that provide or prolong the need for institutionalization. Transportation provided daily via JCS Senior Ride or by private arrangement. . Jewish Community Services - Senior Meals on Wheels Program- $20,000 - To partially fund drivers to deliver meals to homebound elderly participants residing in eligible target Page lJ City OrrVIiallli fk,lCh Ont:-Yc~H' /\Clll'Hl P!,lll J{w Fcdl'r,d Funds Fic;cal 'y't:3r 2nn 1-:?On2 areas, and to fund a shopper to purchase necessary items for frail elders unable to shop for themselves. . Little Havana Activities and Nutrition Centers of Dade County, Inc. - Miami Beach Elderly Meals Program - $48,000 - To provide nutritionally balanced meals daily to Miami Beach elderly clients in a familiar surrounding where they can have access to other services provided by Little Havana Activities and Nutrition Centers of Dade County. The meals program will be provided at two congregate meal sites: 533 Collins Avenue and 8638 Harding Avenue. Services for the Disabled - AIDS Patients Programs ($65,000) . Food for Life Network, Inc. - Home-Delivered Meals - $15,000 - To provide weekly, home-delivered meals to income-eligible homebound AIDS patients in Miami Beach. . The Shelbourne Apartment Building - Shelbourne House - $25,000 - To provide supportive services in a secure and healthy environment to individuals living with AIDS who choose to live independently. . South Beach AIDS Project - South Beach Wellness Center - $25,000 - To provide up-to- date HIV I AIDS infonnation about HIV prevention, use of services, medical treatment and assistance wilh re-entering the work force. Youth Services ($82,000) . Barry University School of Social Work Academy for Better Communities - Miami Beach Social Services Unit - $15,000 - To provide group, individual, and family counseling to children and their families from Biscayne Elementary School, Nautilus Middle School and Miami Beach Senior High School. Services include a literacy group, groups to help youth make the transition to senior high and adulthood, family counseling, and individual and crisis counseling whenever necessary. . Boys and Girls Clubs of Miami - Miami Beach Juvenile Program - $52,000 - To provide a "no charge" after-school program to youth ranging in ages from 5 to 16. The programs include components such as homework assistance, educational field trips, athletic field trips, sports, league activities, and recreational activities both indoor and outdoor. . North Beach Development Corporation - North Beach Youth Corps - $10,000 - To employ and train eligible Miami Beach youlh attending Miami Beach Senior High School to serve the North Beach community up to 10 hours per week. . Performing Arts Academy of South Florida - Arts Feed the Soul - $5,000 - To enable the Academy to provide breakfast and lunch to eligible youth receiving free perfonning arts instruction and referral services Saturdays at Miami Beach Senior High School. Employment Training ($144,000 plus program income of $115,000) . Jewish Community Services - Homeless Outreach, Prevention and Employment - $24,000 - To provide employment and job training services to promote client and family self- sufficiency for low to moderate income, situational and economically homeless individuals, homeless persons in families with children, and those in danger of becoming homeless. The Page I Cily oPvli<lll1i Beach ()I1(,~ '{car ;\cliun Pl~\!) J"m FcdL'ra! Funds Fisc;:J! Y car 200 I <?002 program will also provide case management and referrals, bus passes, bus tokens, food vouchers and voice mail, as well as work clothes and equipment. · Log Cabin Enterprises, Inc. - Log Cabin Plant Nursery - $120,000 - To provide funding for a nursery business program that creates and/or retains jobs for developmentally disabled adults. In addition, this activity will retain approximately $115,000 in anticipated program income. Fair Housing Activities ($7,500) . Housing Opportunities Project for Excellence, Inc. (H.O.P.E., Inc.) - Fair Housing Education Program - $7,500 - To fund a set-aside for H.O.P.E., Inc. to provide a Fair Housing Education Program. This activity will be funded through a line item in the CDBG Administration budget and will be supplemented with a $7,500 set-aside of HOME Program Funds. Child Care Services ($94,000) . FienberglFisher Adult & Community Education Center - Cbild Care Scholarships - $22,500 - To provide before/after school care each school day and all day camp program during teachers' work days and school recess periods to income eligible students from Miami Beach. . Miami Beach Methodist Child Care Center, Inc. - St. John's Child Care Center- $15,000 - To provide reduced-fee child care scholarships to children of income-eligible families. . Little Havana Havana Activities and Nntrition Centers of Dade County, Inc. - Rainbow Intergenerational Child Care - $56,500 - To provide affordable preschool day care for Miami Beach children who are income-eligible. Miami Beach senior citizens will be trained to be day care workers at the day care facility. Health Services ($87,000) . Stauley C. Myers Community Health Center - Beverly Press Satellite Center - $45,000- To offer a full range of preventive, diagnostic and treatment services to persons of all ages, races, ethnicity and genders at the North Beach satellite. . Stanley C. Myers Community Health Center - Children of the World School-Based Health Care - $25,000 - To provide health care services to children at Fienberg-Fisher Elementary School. . South Shore Hospital and Medical Center - Community AIDS Program HIV Testing & Counseling Project - $17,000 - To provide staffing of an mv certified and registered nurse to administer free, confidential mv testing wilh pre- and posHest counseling to unduplicated low and moderate income Miami Beach residents. Mental Health Services ($30,000) . City of Miami Beach Police Department - HomelesslMental Health Pilot Diversion Program - $30,000 - To provide case management and medication management services to Page H Cily oi'rvliallli Ucacl1 Ol1c-\'car ,"(lion Plan for r:cdcral Funds Fiscal Year 2001-2002 mentally ill street homeless people in Miami Beach in the Miami-Dade County's pilot diversion program for non-violent misdemeanor detainees. Subsistence Payments ($49,000) . R.A.I.N. Parents, Inc. - Family Network Services: Emergency Housing Assistance- $49,000 - To provide vouchers for emergency food, medical, child care, and housing assistance, for families with children residing in Miami Beach who have received eviction notices or who are already homeless, with peer counseling for assisting parents in making positive life changes towards self-sufficiency. Services will be provided at both Fienberg/Fisher Elementary School and Biscayne Elementary School. HOUSING ($465,000) Direct Homeownership Assistance ($40,000) . Miami Beach Community Development Corporatiou - Housing Counseling - $40,000 - To provide housing counseling to participants in Ihe HOME-funded homebuyer program. Rehabilitation: Multi-Unit Residential ($425,000) . City of Miami Beach Housing Programs - $300,000 - To provide decent, safe and sanitary housing through matching grants or other financial inducements to rehabilitate multi-unit buildings, upgrade the existing housing stock, and provide affordable housing opportunities; and to rehabilitate owner-occupied housing of income-eligible homeowners. . Miami Beach Community Development Corporation - Multi-Family Housing Program - $125,000 -To provide operational funds to acquire, rehabilitate and manage rental units targeted to income-eligible persons. DIRECT ECONOMIC DEVELOPMENT ASSISTANCE TO PRIVATE FOR-PROFITS ($625,000 PLUS PROGRAM INCOME OF $125,000) Rehabilitation: Publicly or Privately Owned Commercial/Industrial ($500,000) . Miami Beach Community Development Corporation - Preservation and Rehabilitation - $175,000 - To provide property rehabilitation matching grants for improvements to commercial buildings in Ihe designated community development target areas. . North Beach Development Corporation - North Beach Facade Renovation Program - $325,000 - To provide matching grants to property and business owners in the designated CDBG target areas in order to rehabilitate commercial buildings and encourage economic revitalization. Micro-Enterprise Assistance ($125,000 plus program income of$125,000) . ArtCenter South Florida - Artist Micro-Enterprise Services: ArtCenter Operations and Management - $125,000 - An incubator for local arts micro-enterprises for low to moderate- income artists. ArtCenter South Florida creates and retains a significant number of jobs in the arts, and provides vocational development for Miami Beach's large low-income artist population. ArtCenter provides affordable subsidized studio, teaching and showroom space to income-eligible artists. In addition, this activity will retain approximately $125,000 in anticipated program income. Page ~ City oPvli,lllli Beach ()ne-")lear Action Plan lor federal Funds Fiscal Year 200 1.2002 OTHER Code Enforcement ($37,000) . City of Miami Beach Code Compliance Department - North Beach District $37,000 - To provide a full time Code Compliance Officer to assist in the implementation of the North Beach Economic Development Strategic Plan and the proposed North Beach Neighborhood Revitalization Strategy. Removal of Architectural Barriers/ADA Compliance ($30,000) . ArtCenter South Florida, Inc. - ADA Compliance - $30,000 - To provide comprehensive Americans with Disabilities Act improvements to the ArtCenter South Florida building to improve accessibility and bring the structure within current building code requirements. Repayments of Section 108 Loan Principal ($200,000) . City of Miami Beach Community/Economic Development Department - Planned Repayment of Section 108 Principal- $200,000 - To repay the principal balance of a HUD Section 108 loan in the amount of $4,000,000. The loan was acquired to implement a comprehensive streetscape improvement program in the North Beach area, including Normandy Isle; and to complete construction of the North Shore Youth Center as part ofa neighborhood revitalization strategy for North Beach. PLANNING/ADMINISTRATION . City of Miami Beach Neighborhood Services Department - CDBG Administration - $625,900 - To continue to provide the necessary funding to manage, oversee, coordinate, monitor, audit and evaluate the CDBG program and sub-recipients in accordance with federal regulations. Funding includes activities to ensure compliance with federal fair housing/EEO requirements, environmental review, fiscal management, citizen participation, public information and planning and management activities. PRIOR YEARS' ACTIVITIES ($2,620,501) In addition to the newly-funded activities that will take place during Fiscal Year 2001/2002, Ihe City of Miami Beach intends to carry-over prior years' funding awards for the following activities, which are expected to continue in Fiscal Year 2001/2002. . City of Miami Beach Fire Department - Fire Station Number 4 Rehabilitation- $501,221 - To rehabilitate Fire Station Number 4, which was originally constructed in 1937. . City of Miami Beach Housing Programs - $454,668 - To provide decent, safe and sanitary housing through matching grants or other financial inducements to rehabilitate multi-unit buildings, upgrade the existing housing stock, and provide affordable housing opportunities; and to rehabilitate owner-occupied housing of income-eligible homeowners. . City of Miami Beach Neighborhood Services Department - Planned Repayment of Section 108 Loan - $400,000 - To repay the principal balance ofthe Section 108 Loan. . City of Miami Beach Neighborhood Services Department - Relocation Assistance- $69,426 - To provide relocation benefits in accordance with the Uniform Relocation Act Page 10 Cil: ot':\liHllli Be<1ch OIl~-Yc~lr Actinn Plan lix Fcd('ral r:llnd:,: Fiscal Ycar 200l-2002 (URA) in conjunction with the CDBG funded Multi-Family Rehabilitation Programs. The funding source for this activity is from prior years' unspent relocation funds. . City of Miami Beach Public Works DepartmentJNorth Beach Development Corporation - 77th Street Extension177th Street Beautification - $164,209 - To complete the extension of 77th Street. . Miami Beach Community Development Corporation - Preservation and Rehabilitation Program - $156,627 - To provide funding for hard costs only to program providing grants for fa~ade improvements. . Miami Beach Community Development Corporation - Residential Neighborhood Public Space Improvements Program - $502,500 - To complete Phase 2 of a two-phase project that includes street and public space improvements on Espanola Way. . Miami Beach Senior High School - Fire Gates - $15,973 - To install 8 fire/panic gates at Miami Beach Senior High School, which will allow for enhanced security at the facility. . North Beach Development Corporation - North Beach Fa~ade Renovation Program - $356,057 - To provide funding for hard costs only to program providing direct grants to commercial property owners for eligible fa~ade improvements and the correction of code violations. COBG Funds By Activity $633,400 $136,426 . Public Services . Housing Economic Development Other . Planning/Administration Page II City or !\Iiallll Lk~h.:h (lIlL'-'r'car \cliO!1 Plan fOl" l'"cdcl'al Fund" Fisci'll '(car 2001-,]002 EMERGENCY SHELTER GRANTS PROGRAM HOMELESSNESS PREVENTION . City of Miami Beach Office of Children's Affairs - Neighborhoods First Citizen's Empowerment Center - $9,800 - To provide neighborhood-based emergency assistance, including emergency rent/utility payments for Miami Beach families at Biscayne Elementary School. . R.A.I.N. Parents, Inc. - Family Network Services: Emergency Housing Assistance - $9,800 - To provide vouchers for emergency housing assistance for families with children residing in Miami Beach who have received eviction notices or who are already homeless, with peer counseling for assisting parents in making positive life changes towards self- sufficiency. . Housing Authority of the City of Miami Beach - Emergency Rent Supplement Program - $9,800 - To provide emergency relocation assistance in the form of rental vouchers to low- income residents of the City of Miami Beach who are facing displacement from their homes and homelessness due to short term financial difficulties in their household. Program participants must be disabled, elderly or parents with dependent children and a resident oflhe City of Miami Beach for a year prior to being displaced. OTHER ELIGIBLE ACTIVITIES . Douglas Gardens Community Mental Health Center - Outreach and Emergency Placement Services - $31,850 - To provide mobile outreach and case management services to the homeless in Miami Beach, resulting in homeless persons being placed in shelter care. Funds will be used to partially fund a mobile outreach team, supportive services for the homeless and emergency/transitional beds. . City of Miami Beach Police Department - Homeless Assistance Pilot Project - $31,850- To provide outreach and case management services to the homeless in Miami Beach, resulting in homeless persons being placed in shelter care. Funds will be used to fund emergency shelter and transitional housing beds, outreach activities for the homeless. . City of Miami Beach Community/Economic Development Department - ESG Administration - $4,900 - To administer and monitor the City's ESG activities. $4,900 ESG Funds By Activity . Homelessness Prevention . Emergency Shelter/Other Eligible Activities Planning/Administration Page 12 Cit) oJ'\'liall1i Beach ()Ilc-")/car .\cti,)tl Pl<tn /l)l' I'edcral rund~ Fiscal 'l car 200 1-':~002 HOME INVESTMENT PARTNERSHIPS PROGRAM ACTIVITIES ($1,626,000) . City of Miami Beach - HOME Program Administration - $162,600 - For management, oversight, coordination, monitoring, evaluation, staff and overhead, public information, fair housing education activities, indirect costs and planning activities. This line item includes $7,500 set-aside for Housing Opportunities Project for Excellence, Inc. (H.O.P.E., Inc.) for a Fair Housing Education Program, which is matched by an equal amount of CDBG funds. . Community Housing Development Organization (CHDO) Project Set-Aside - MBCDC - $800,000 - Acquisition and/or rehabilitation, multi-unit residential. To provide rental and/or homeownership opportunities. . Community Housing Development Organization (CHDO) Expenses (5%) - MBCDC- $81,300 - Funds to pay salaries, wages, and other employee compensation and benefits, rent, utilities, employee education, travel, training, communication costs, taxes, insurance, equipment, materials, and supplies. . HOME Projects - $582,100 - To provide funding for rehabilitation initiatives to upgrade the housing stock in the City of Miami Beach. May also include acquisition. HOME Funds By Activity . HOME Projects . CHDO Projects CHDO Expenses HOME Program Administration Page l:J City oi'!'vliilll1i Beach 011('-\' C~jr \Cl ion PLlll for h:dcral Funds Fiscal '(car 2001-2002 PRIORITY NEEDS ADDRESSED This description of activities estimates the number and type of families that will benefit from the proposed activities, the specific local objectives and priority needs that will be addressed by the activities using formula grant funds and program income that the City expects to receive during the program year. It also includes proposed accomplishments, and a target date for completion of the activities. This information is also included in Appendix I, as prescribed by HUD. A. Non-housing ($1,069,600) (10 Households, 18,535 Persons, 104 Jobs, I public facility, 13 Businesses/Organizations Assisted) Activities . Child Care Services . Economic Development Activities . Employment Training . General Public Services . Health Services . Mental Health Services . Rehabilitation of Commercial Properties . Repayments of Section 108 Loan Principal Senior Programs and Senior Services Services to Persons with Disabilities Youth Programs . . . A. Housing ($2,495,426) (261 Households Assisted) Activities . Acquisition and Disposition . Fair Housing Activities . Housing Rehabilitation . Direct Homeownership Assistance . Relocation Assistance A. Homeless ($148,000) (316 Persons and 66 Households Assisted) Activities . Emergency Shelter/Transitional Housing Total to be served: . Homeless Prevention Outreach . 18,851 Persons 104 Jobs 337 Households 13 Businesses/Organizations Funds by Priority Need "::::::: r- I Non-Housing ~ : ~ I I $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 IIINon-Housing IIHousing .Homeless I page 14 City or\'liami Beach ()IlL-Y\..'~'lt' Action PI;m for Fedcr(\IFund~ Fiscal 'lear 200 1-2002 GEOGRAPHIC DISTRIBUTION Most of the activities described in the One-Year Action Plan will take place in HUD designated community development target areas. These target areas contain census tract/block groups that display evidence of a greater than 51 % of households with incomes at or below 80% of the median income. The northern and southern target areas continue to be a priority for allocation of resources, as there are high percentages of both low/moderate income persons and minority populations. The northern and southern portions of the City also contain the largest number of the multi-family structures that require rehabilitation and have the highest concentrations of income-eligible families. The City's housing programs are eligible citywide with an emphasis on those buildings located within the target areas. Appendix 2, "Geographic Distribution of Projects for 2001/2002" shows the location of specific projects. 26% of the CDBG funds are directed to the northern target areas, as follows: $ $ $ $ $ $ $ 37,000 200,000 120,000 10,000 325,000 45,000 737,000 City of Miami Beach - Code Compliance North Beach District City of Miami Beach - Repayment of Section 108 Loan Log Cabin Enterprises - Log Cabin Plant Nursery North Beach Development Corp. - North Beach Youth Corps North Beach Development Corp. - North Beach Fal'ade Renovation Program Stanley C. Myers Beverly Press Satellite Center Total CDBG funds for northern target areas 12% of the CDBG funds are directed to the southern target areas, as follows: $ $ $ $ $ $ $ $ 30,000 52,000 22,600 175,000 25,000 25,000 25,000 354,600 ArtCenter South Florida - ADA Compliance Boys and Girls Club - Miami Beach Juvenile Programs MBCDC Tenant Service Coordinator MBCDC Preservation and Rehabilitation The Shelbourne Apartment Building - Shelboume House South Beach AIDS Project - South Beach Wellness Center Stanley C. Myers Health Center - Children of the World Program Total CDBG funds for southern target areas 62% of the CDBG funds are considered to have citywide benefits/beneficiaries: $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 15,000 125,000 300,000 30,000 22,500 15,000 7,500 15,000 20,000 24,000 48,000 56,500 40,000 160,000 125,000 Barry University School of Social Work Academy for Better Communities ArtCenter South Florida - Micro-Enterprises Artists Services City of Miami Beach - City of Miami Beach Housing Programs City of Miami Beach Police - HomelesslMental Health Pilot Program Fienberg/Fisher Adult & Community Education Center-Child Care Vouchers Food for Life Network - Home Delivered Meals H.O.P.E., Inc. - Fair Housing Education Jewish Community Services - Miami Beach Senior Center Jewish Community Services - Senior Meals on Wheels Program Jewish Community Services - Homeless Outreach Prevention & Employment Little Havana Activities and Nutrition Centers -Elderly Meals Program Little Havana Activities and Nutrition Centers - Rainbow Child Care MBCDC - Housing Counseling MBCDC - Scattered Site Home Buyers Assistance Program Acq./Disposition MBCDC - Multi-Family Rehabilitation Program page I) City 01' \'liami Beach OIlC- 'or' car Action Plan for F'cdcl"C.lIFllnds Fiscal 'r' ear 2001-2002 $ 15,000 $ 5,000 $ 49,000 $ 17,000 $ 40,000 $ 625,900 $ 1,755,400 Miami Beach Child Care Center - St. John's Child Care Center Performing Arts Academy - Arts Feed the Soul RAIN Parents, Inc. - Family Services Network South Shore Hospital - Community AIDS Program UNIDAD - Project Link CDBG Planning, Administration and Monitoring Total Citywide Distribution ofCDBG Funds With regard to the HOME Investment Partnerships Program, the funds are considered to have a citywide benefit: $ 162,600 $ 800,000 $ 81,300 $ 582,\ 00 $ 1,626,000 HOME Planning, Administration and Monitoring CHDO Project Set-aside - Miami Beach Community Development Corp. CHDO Operating Expenses (5%) HOME Projects Total HOME allocation The City's 2001/2002 ESG funds are directed to facilities that provide priority placement for Miami Beach's homeless and are considered to have a citywide benefit: $ $ $ $ $ $ $ 9,800 9,800 9,800 31,850 31,850 4,900 98,000 R.A.I.N. Parents, Inc. - Emergency Assistance Program City of Miami Beach Office of Children's Affairs - Neighborhoods First Housing Authority of the City of Miami Beach - Emergency Rent Supplement Douglas Gardens Community Health Center - Homeless Outreach Program City of Miami Beach Police Department - Homeless Assistance Pilot Project ESG Administration Total ESG Allocation Geographic Distribution of Funds Citywide South North page 16 Cit:: ori\li,jmi Beilch Onc~Ycar AClilll1 PLm for Federal Funds Fi"cal 'y'car 200 I ~2()02 HOMELESS AND OTHER SPECIAL NEEDS ACTIVITIES The City of Miami Beach plans to undertake specific activities during fiscal year 2001-2002 to: address emergency shelter and transitional housing needs of homeless individuals and families (including subpopulations); prevent low-income individuals and families with children (especially those with incomes below 30 percent of median) from becoming homeless; help homeless persons make the transition to permanent housing and independent living; and address the special needs of persons who are not homeless. Homeless The City intends to implement the following activities to address the needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, and to help homeless persons make the transition to permanent housing and independent living. . Emergency Shelter/Transitional Shelter Needs -The City will provide Emergency Shelter Grants (ESG) funds to Douglas Gardens Community Mental Health Center to fund a mobile outreach team, supportive services for the homeless and emergency shelter and transitional shelter beds. The City will provide ESG funds to the Miami Beach Police Department to fund an outreach team, supportive services for the homeless, and emergency shelter and transitional shelter beds for Miami Beach homeless individuals and families. The City will provide CDBG funds to Jewish Community Services to provide employment and job training services to situational and economically homeless individuals, homeless persons in families with children, and those in danger of becoming homeless. The program will also provide case management and referrals, bus passes, bus tokens, food vouchers and voice mail, as well as work clothes and equipment. The City will provide CDBG funds to the City of Miami Beach Police Department to provide case management and medication management to mentally ill street homeless persons in Miami Beach and in Miami-Dade County's pilot diversion program for non- violent misdemeanor detainees. . Homeless Prevention - The City will provide homeless prevention funds to RAIN Parents, Inc., the Housing Authority of the City of Miami Beach and the City of Miami Beach Office of Children's Affairs to provide emergency assistance to individuals, families with children, and elderly persons who are currently housed, but threatened with homelessness. . Transitional Housing - Transitional housing is being provided by Douglas Gardens Community Mental Health Center at the Mayfair Hotel located at 1960 Park Avenue, Miami Beach. Page 11 City nl'jVliallli Beach Ollc-Y\:~ar ,\;.:tion Plan for Federal funds Fiscal 'y'ear 2001-2002 Other Special Needs The City intends to implement activities to address the needs of persons who are not homeless but require supportive housing, including the elderly, frail elderly, persons with disabilities, persons with alcohol or other drug addiction, persons with HIV / AIDS and their families, public housing residents and any other categories the City may specify as eligible. . The Miami Beach Community Development Corporation has obtained a HUD Section 811 Supportive Housing for Persons with Disabilities Program grant of $1.2 million for the acquisition and rehabilitation of the Fernwood Apartments. This facility will provide eighteen (18) units of rental housing for physically disabled persons living with HIV/ AIDS. The City has provided $545,000 in HOME Program funds for this project, which is expected to be completed in Fall 2001. . The City will provide CDBG funds to Jewish Community Services to fund an aide to supervise day care services to frail elderly senior citizens in a structured supportive setting. The City will also provide CDBG funds to Jewish Community Services to fund drivers to deliver meals to homebound elderly participants residing in eligible target areas and a shopper to purchase necessary items for frail elders unable to shop for themselves. . The City will provide CDBG funds to Little Havana Activities and Nutrition Centers of Dade County, Inc. to provide nutritionally balanced meals to Miami Beach elderly clients at two congregate meal sites. . The City will provide CDBG funds to Food for Life Network Inc., to provide weekly home-delivered meals to income-eligible homebound AIDS patients in Miami Beach. . The City will provide CDBG funds to The Shelbourne Apartment Building to provide supportive services in a secure and healthy environment to individuals living with AIDS who choose to live independently. . The City will provide CDBG funds to South Beach AIDS Project to provide up-to-date HIV / AIDS information about HIV prevention, use of services, medical treatment and assistance with re-entering the workplace. . The City will provide CDBG funds to Log Cabin Enterprises Inc. for a nursery business program that creates and retains jobs for developmentally disabled adults. . The City will provide CDBG funds to South Shore Hospital to provide staffing of an HIV certified and registered nurse to administer free, confidential HIV testing with pre-and post-test counseling to low and moderate income Miami Beach clients. . The City will provide CDBG funds to Miami Beach Community Development Corporation to hire a coordinator to bring together existing program services for mostly low and very low income elderly and special needs tenants. Page IK City Or\'11<11l1i Bcach Onc-Ycar '\clin)) Plal1 for rederal Fllnd~ F i<;,ca 1 Y -:ar 200 1-2002 OTHER ACTIONS During fiscal year 2001-2002, the City plans to undertake certain actions to address obstacles to meeting underserved needs, foster and maintain affordable housing, remove barriers to affordable housing, evaluate and reduce lead-based paint hazards, reduce the number of poverty level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies and foster public housing improvements and resident initiatives. General In 1999, the City applied for and was approved for a $4,000,000 Section 108 loan and a $1,000,000 Economic Development Initiative grant to assist in financing economic development activities and neighborhood improvements that will complement the revitalization efforts of the local business communities within the City. The loan and Economic Development Initiative grant will be used to implement a street improvement program and assist with the completion ofthe construction of the North Shore Youth Center in the northern target area of Miami Beach. Underserved Needs The City of Miami Beach has many needs, many of which are underserved, as evidenced by the consistently large number of funding requests for public services activities. The City will continue to take an active role leveraging resources in support of its non-profit partners and other organizations. Foster and Maintain Affordable Housing The City will continue to work with housing providers (including Miami Beach Community Development Corporation) to expand the supply of affordable housing. The City will continue to fund a number of programs to provide home- ownership opportunities and expand the number of high quality rental units housing available for its low- income senior citizens, working families and special needs populations. Remove Barriers to Affordable Housing The City will continue its state-mandated regulatory reduction self-examination program during the 2001/2002 program year to ensure that the City's regulations do not act as a barrier to affordable housing. Lead-Based Paint The Miami-Dade County Social Services Department cooperates with the Florida Department of Health, Division of Children's Medical Services, to identify children with elevated levels of lead in their blood. The City will require monitoring of any children living in assisted housing who are identified with Environmental Intervention Blood Lead Level. City employees are familiar with the new regulation for lead-based paint, which was published on September 15, 1999. The City is now complying with the requirements of the regulation, which went into effect on October 15,1999, and will assure that all the Page 1 ~ Cily or \'fianli Bc<lcl) On(:- Y eM .\clioll Plilll for Federal Funds Fiscal \'car 2001-~002 housing projects will comply with the new lead-based paint requirement, as published in 24 CFR 35. Reduce Poverty The City will continue to provide support for the developmentally disabled through Log Cabin Enterprises, and will continue to provide support to ArtCenter South Florida. In addition to these job creation projects, this annual plan contains other activities to ease the burden of poverty, and to provide families and individuals with essential services, which afford them opportunities for improving their specific situations. Develop Institutional Structure The City will continue to provide technical assistance and training to its non-profit housing and social services providers to develop and enhance the City's collective delivery systems. Coordination The City of Miami Beach Office of Housing and Community Development is charged with carrying out the Five Year (1998-2002) Consolidated Plan and the One-Year Action Plan. The Office is the main source of disseminating information to other agencies and entities in administering and carrying out the goals of the Consolidated Plan. Foster Puhlic Housing Improvements and Resident Initiatives Senior citizen housing in the City is in good condition and because all residents are elderly, the Housing Authority ofthe City of Miami Beach plans no major resident initiatives. Public Housing Comprehensive Grant Program The Housing Authority ofthe City of Miami Beach is an autonomous agency, which does not have sufficient units to participate in the Comprehensive Grant program. Page 20 (it:: oi'l\'liami BL'dell Onc-Year AClion Plall for F\..'(k'r~ll Fumis Fiscal '{car 200 1-2002 MONITORING Monitoring of the various activities described in the One-Year Action Plan is a continuous and ongoing process. To ensure that planning will continuously reflect the successes and lessons learned from previous activities, the City monitors the effectiveness of its programs and initiatives, and prepares reports for submission to the U.S. Department of Housing and Urban Development as required by the program regulations. The City enters into binding subrecipient contract agreements with organizations receiving federal funds. These agreements provide a basis for enforcing the goals and objectives of the Action Plan, the federal rules and regulations, and the time frame to achieve the stated accomplishments. The agreements contain remedies in the event ofa breach of the provisions by the subrecipient parties. The overriding goal of monitoring is to ensure that services are provided as prescribed in the subrecipient contract, and to identity deficiencies and remedial actions. The emphasis is on prevention, detection and correction of problems. Toward this end, all monthly and quarterly reports submitted by the subrecipients are thoroughly examined to ensure compliance. Furthermore, on-site technical assistance visits and monitoring visits are performed throughout the program year. Communication is the key to a good working relationship with the subrecipient agencies. 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'5.. c ~ '(3,2 :5 ~ 1ii .- ..c 0 .21 ::I ..9 ill en APPENDIX 2 GEOGRAPHIC DISTRIBUTION OF PROJECTS FOR 200112002 ~:- I SHORES I 1-- " Proposed Projects Map Layers 11li!~llllLow&Moderate Inc. . Proposed Projects "Water Area =-~Census Place @ HUD Offices Proposed Projects . Anti-Crime Programs .a Economic Development Homeless & HIVlAIDS Programs! It Housing . Infrastructure . Other '1 Planning and Administration Public Facilities II Public Services Senior Programs * Youth Programs Fiscal Year 2001-2002 I -- r---r-- *51 ///--/- / i u! ~3 --'17 Proposed Projects Map Layers IJI~i~I~Low&Moderate Inc. . Proposed Projects Streets .Water Area CJCensus Place @-KIlO-Offices---- Proposed Projects __Allti~c::_r!l1111 Progr,lI!Js_ .II Economic Development Homeless & HIV/AIDS Programs tI: Housing . Infrastructure . Other 'V Planning and Administration Public Facilities III Public Services Senior Programs * Youth Programs Fiscal Year 2001-2002 i--;,-r--!--'-~i ~------;- !. I I ' , I I __ I __1 L__t- Proposed Projects Map Layers IlIi\!llLow&Moderate Inc. . Proposed Projects ~-Streets _Water Area I-~ ICensus Place @ HUD Offices Proposed Projects . Anti-Crime Programs I11III Economic Development Homeless & HIV/AIDS Programs! It Housing . Infrastructure . other V Planning and Administration Public Facilities iIII Public Services Senior Programs * Youth Programs Fiscal Year 2001-2002! '------,----1---1 '..-----,--------,- : I I ' I l__j-.i.___.:_' I ! \ k \. j .. ~....,..//",............. I Proposed Projects Map Layers r~,lllIllLow&Moderate Inc. . Proposed Projects Streets BWater Area L=::JCensus Place @ HUD Offices Proposed Projects . Anti-Crime Programs lIIIII Economic Development Homeless & HIV/AIDS Programs It Housing . Infrastructure . Other " Planning and Administration Public Facilities . Public Services Senior Programs * Youth Programs Fiscal Year 2001-2002 APPENDIX 3 CITIZEN PARTICIPATION PROCESS, PLANNING PHASE SCHEDULE, CITIZEN COMMENTS City of Miami Beach One Year AClion Plan for Federal Funds 200 1.2002 CITIZEN P ARTICIPA TION PROCESS The City of Miami Beach One-Year Action Plan was developed following an extensive citizen participation process. A Request for Proposals was issued on February 1,2001, for activities to be funded with federal funds. On February 27, 2001, a pre-development public hearing on the One-Year Action Plan was hosted by the Community Development Advisory Committee (CDAC) and the Community/Economic Development Department. The purpose of this meeting was to obtain citizen input on the needs within the community for the pre-development of the One-Year Action Plan. Subsequently, the CDAC spent over 20 evening hours in eight (8) public meetings, where they reviewed and analyzed responses to the Request for Proposals for both CDBG and ESG funds, and set the priorities for the use of HOME Program funds. This year, for the first time, the City of Miami Beach's Committee on the Homeless was invited by CDAC to review proposals for homeless programs, homeless prevention, and related activities. The recommendations from the Committee on the Homeless were incorporated with those of the CDAC. The draft One-Year Action Plan was available for public review and comment for a 30-day period commencing June I through June 30, 2001. A final public hearing on the proposed activities for the One-Year Action Plan was held in the First Floor Conference Room of City Hall on June 26, 2001 for purposes of receiving citizen comments on the proposed activities. Please refer to the summary of comments and list of attendees, below, FY 2001/2002 PLANNING PHASE SCHEDULE Jan 22 (MON) Request for Proposals (RFP) availability letter mailed to mailing list names. Jan 30 (TUE) CDAC meeting - 6:00 p.m. Jan 25 (THU) RFP availability advertised in Miami Beach Neighbors Jan 31 (WED) RFP availability advertised on CMB TV during City Commission meeting Feb I (THU) CDBG & ESG Request for Proposals (RFP) available. Feb 9 (FR!) RFP Preparation Workshop held at Police Athletic League Building Feb 21 (WED) RFP availability advertised in CMB TV during City Commission meeting. Feb 21 (WED) Pre-Development & Public Hearing advertised on CMB TV during City Commission meeting Feb 23 (FR!) Courtesy Review of proposals, deadline - 5:00 p.m. Feb 25 (SUN) Advertisements regarding the Pre-Development & Public Hearing Feb 27 (TUE) Pre-Development Public Hearing - 6:00 p.m. Mar 5 (MON) Proposals due before - 5:00 p.m. deadline. Mar 27 (TUE) CDAC Meeting - 6:00 p.m. Apr 9 (MON) Proposal Review - 6:00 - 9:00 p.m. Apr 10 (TUE) Proposal Review - 6:00 - 9:00 p.m. Apr 23 (MON) Proposal Review - 6:00 - 9:QO p,m. Apr 24 (TUE) Proposal Review - 6:00 - 9:00 p.m. Apr 30 (MON) Proposal Review - 6:00 - 9:00 p,m. May I (TUE) Proposal Review - 6:00 - 9:00 p.m. May 7 (MON) Proposal Review - 6:00 - 9:00 p,m. May 8 (TUE) Meeting with City Manager-Funding Recommendations finalized-6:00 p.m. DRAFT Appendix 3 City of Miami Beach One Year Action Plan for Federal Funds 2001.2002 May 31 (THU) Notice of the 30-Day Comment Period on the draft of the One-Year Action Plan, and notice of Public Hearing on June 26, 2001. June I (FRI) 30-Day Comment Period begins on the draft of the One-Year Action Plan. June 21 (THU) Second advertisement regarding the Public Hearing on June 26, 2001, on the draft of the One-Year Action Plan. June 26 (TUE) Public Hearing on the draft of the One-Year Action Plan June 30 (SAT) 30- Day Comment Period on the draft of the One-Year Action Plan ends. July 18 (WED) One-Year Action Plan sent to City Commission for approval. City Commission approval to authorize execution of contractual agreements. CDAC meeting - 6:00 p.m. Deadline for One-Year Action Plan to be submitted to HUD. CDAC meeting - 6:00 p.m. FY 2001/2002, Program Year 27 begins. July 24 (TUE) Aug 16 (THU) Sept 25 (TUE) Oct I (MON) SUMMARY OF COMMENTS FROM FINAL PUBLIC HEARING ON THE ONE-YEAR ACTION PLAN JUNE 26, 2001 6:13 P.M. Commission Chamber, Third Floor 1700 Convention Center Drive, Miami Beach, Florida 33139 SPEAKERS: Karl D. Kennedy, Miami Beach Community Development Corporation (MBCDC) - Spoke on behalf ofMBCDC's housing program and requested that the City amend the Consolidated Plan to eliminate the 20% limit of subsidized units in any single condominium building. Bill Farkas, ArtCenter South Florida - Spoke on behalf of the ArtCenter, emphasizing the importance of the support from CDAC and the Administration to recommend CDBG funding for the ArtCenter which enables it to continue its programs. Cecilia Hunt, Little Havana Activities and Nutrition Centers - Rainbow Child Care - Spoke on behalf of the Little Havana Activities and Nutrition Centers programs and thanked the Administration and CDAC for their financial support through CDBG funding. Denis Russ, Local Initiatives Support Corporation (LISC) - Spoke on behalf of LISC, stating that this agency can assist other organizations by providing technical assistance in the operation of projects, training, development of standards and measurements, and also provide resources to local groups that could help them improve their services. Bernie Winer, Police Athletic League (PAL) - Stated that he wanted to correct what he believed to be an inaccurate comment made during CDAC's deliberation phase of proposals, and stated that the PAL facility received $393,000 in CDBG funds over a four year period, not $600,000 as had been stated at an earlier CDAC meeting; and, that PAL had also received $25,000 in CDBG funds for the purchase of health/fitness equipment. Appendix 3 DRAFT City of Miami Beach One Year Action Plan for Federal Funds 200 1-2002 OTHER ATTENDEES IN THE AUDIENCE OF THE JUNE 26,2001 PUBLIC HEARING Lyssette Rivera Cripps, Community Development Division Alexander Diaz, Community Development Division Eric Wardle, Jr., Code Compliance Department Michelle Herrera, Rainbow School Frank E, Turcios, R.A.I.N. Parents, Inc. Liliana L. Childs, Rainbow Day Care Roberto Datorre, Miami Beach Community Development Corporation Adele Joseph, Rainbow School Damiana Vazquez, Rainbow School Xiadira Rubi, Rainbow School Tom Millner, South Beach AIDS Project DRAFT Appendix 3 ..c:N ~~ =~ ,~ 8 ~N ,- .@ ~ S Q~ ;.,- ;t::: c:l U ~ "0 &: M ,s ~ i5: = ,9 - " -< M '" " >- :!;l o = = '" = N '" = .. ~ o y ~ :: o u y " ~ ;; c 0; y " ~ u < Q U y " ~ c '8 ... < -...'" ~ ; ;Q g~O" ....<<A ... ~ ~ < ~ '" '" - ~ " " '" ~ - y " .~ = ~ .. o o '" '" <A o o '" '" <A o o '" '" <A o o '" ",' <A o '" ..- ",. <A o o o ~ N .... t = Q. Q. " <Zl ;;; ~ ... o o of: o .0 ~~ " " z.... ~ 'c l: :g :E U ..... o " y '" ..... o ~ coJgco ::>:.....::>: u-<u o '" "'. 000 "'00 "''''''' -: a-,~ O'I~ '" <A .... <A '" <A o '" "'. 000 "'00 "''''''' -: O'I~ 0\ "'<A<A <A '" <A o '" "'. '" .... 000 "'00 "''''''' -~ O'I~ 0\ '" .... <A <A o '" "'. S::88 "''''''' ~ O'I~ O'I~ '" <A .... .... '" <A ~ " z "''''''' '" '" ~22 '" <A .... <A ~ z ~~~ ~ z ~~ '" .... .... 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APPENDIX 5 GUIDELINES FOR THE RECAPTURE OF HOME FUNDS,LEVERAGE~TCH ('it) or\1iami Bcadi Onc-'{car /\cti\lll Plall!()r FcdL'ral Funds Fiscal Yea I 2001-2002 GUIDELINES FOR THE RECAPTURE OF HOME FUNDS The City shall require each homebuyer assisted under the HOME Program to execute a mortgage, which is recorded in the public records. The Mortgage shall be recorded as a lien against the property to ensure that when the property is sold, transferred, or ceases to serve as a primary residence, the homebuyer shall return to the City the full HOME subsidy that enabled the homebuyer to buy the dwelling unit. If the net proceeds from such sale (after deducting the owner's investment and closing costs) are less than the full amount of the HOME subsidy, the City shall recapture the entire balance of whatever net proceeds are available for use in other eligible HOME activities. This option will allow the homebuyer to capture market return and provides incentive for the homebuyer to utilize equity to make repairs and property improvements. The occupancy of units will be monitored for the required affordability period based upon the amount of direct HOME subsidy provided to the homebuyer. LEVERAGEIMATCH Match requirements for the HOME Investment Partnerships Program will be met with SHIP dollars and other eligible sources of match. Match requirements for the Emergency Shelter Grants Program will come from the nonprofit providers. Page 22 APPENDIX 6 FEDERAL CERTIFICATIONS CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard, Anti-displacement and Relocation Plan -- It will comply with the acqUisItIOn and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about- (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph I; 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and DRAFT Appendix 6 (b) NotifY the employer in wntmg of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. NotifYing the agency in writing, within ten calendar days after recelvmg notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2,3,4,5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and Appendix 6 DRAFT 3. It will require that the language of paragraph I and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPW A funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date JORGE M. GONZALEZ. CITY MANAGER Name/Title DRAFT Appendix 6 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.1 05, Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income, (See CFR 24 570.2 and CFR 24 part 570) Followiug a Plan -- It is following a current consolidated plan (or Comprehensive Housfng Affordability Strategy) that has been approved by HUD. Use of Funds - It has complied with the following criteria: I, Maximum Feasible Priority, With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities, which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 1999 through 2001 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. DRAFT Appendix 6 The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: I. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR '570.608; Compliance with Laws -- It will comply with applicable laws, Signature/Authorized Official Date JORGE M. GONZALEZ, CITY MANAGER Name /Title DRAFT Appendix 6 OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more ofthe activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized Official Date JORGE M. GONZALEZ. CITY MANAGER Name /Title Appendix 6 DRAFT ESG Certifications The Emergency Shelter Grantee certifies that: Major rehabilitation/conversion -- It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for purposes less than tenant-based rental assistance, the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services -- It will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure as long as the same general population is served. Renovation -- Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services -- It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds - It will obtain matching amounts required under ?576.7l of this title. Confidentiality -- It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement -- To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Consolidated Plan -- It is following a current HUD-approved Consolidated Plan or CHAS. Signature/Authorized Official Date JORGE M. GONZALEZ. CITY MANAGER Name/Title DRAFT Appendix 6 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- Ifthe participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR ? 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in? 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date JORGE M. GONZALEZ, CITY MANAGER Name/Title Appendix 6 DRAFT HOPWA Certifications The HOPW A grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: I. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2, For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized Official Date JORGE M, GONZALEZ. CITY MANAGER Name/Title DRAFT Appendix 6 APPENDIX 6A APPENDIX TO CERTIFICATIONS APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbving Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U,S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification I. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2, The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements ofthe Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3, For grantees other than individuals, Alternate I applies. (This is the information to which jurisdictions certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions.) 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation ofthe grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place, Categorical descriptions may be used (e.g" all vehicles of a Appendix 6A DRAFT mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 7, If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), ifit previously identified the workplaces in question (see paragraph five). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) City of Miami Beach, City Hall 1700 Convention Center Drive Miami Beach, FL 33139 Check X if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. 9, Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or Appendix 6A DRAFT involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). DRAFT Appendix 6A APPENDIX 7 COPIES OF ADVERTISEMENTS " 'fV ;-4 (",!'-..J ,,~- ' " ~ ~ '- \.,doJ \\-,-- t , ,~\'~k/' ['I ,yJ, '-,' r \ ,,,, \, \/ ~) .{ ~i\Q .J \, /JJt' (/t ,) (rj) / /}v .0 ~ Reading is good for you. So is recycling. # Collecting . i)iAst? . ,. .... -- o o ~ ~ > <t '" ,: <t " '" ~ => x ~ Sell your collectibles in U.s. Gold Coins $1.00 U$ Gold. ...........,$6010 $2.500 $2.50 V,S. Gold... .......$60 to $5,000 $3.00 V,S, Gold.... _, ...$180 to $3.500 $10.00 U.S. Gold.........,$160 to $4,500 W<J buy ~II f:>CGS NGC and other certifiad $20.00 U.S. Gold.. .......$300 to $6,000 CQiM, Wf' ~Iso buy US Currency Pre.1929 U.S. Silver Coins Max CLASSIFIED Miaml.Dade: 305-350.2222 Broward: 524-2535 " .. . . :t . .c f- ~ ~ Silver Dollars... .. Halves (Pre-19S4)... Quarlers(Pre-1964).. . Dimes (Pre-1964).. .........................$510 $1000 . ....................$1.2510 $8 ea. . .....................$.65 to $3 ea. ......$.25to $3 ea. 'Why deal with Amateurs when you Gem deal with the Pros" Over $40 million bOLlQl1t and sold Aventura Je\Nelry & Coin (at the l;lternahoni11 Jewelry Exchange) 18861 Bi!'lcayne Boulevard - Booth #6 - Aventura email: mJ~.taJLt.lL@.aQl.s:.9J:n www.aventurajewelry.com www.herald.com ~"''''Il lQ @ Q"n.';'''''' ......... CITY OF MIAMI BEACH NOTICE OF A THIRTY DAY PUBLIC COMMENT PERIOD DRAFT ONE-YEAR ACTION PLAN 1,2001 - JUNE 30, 2001 The City of Miami Beach is making available for public review and comments its draft One-Year Action Plan for Federal Funds for Fiscal Vear 2001/2002 during a thirty.day comment period that begins on June 1, 2001 and ends on June 30, 20001, The One-Year Action Plan outlines the use of federal funds received by the City of Miami Beach from the U.S. Department of Housing and Urban Development (HUD). Citizens are encouraged to review the draft Plan, which includes finding recommendations for the Community Development Block Grant IGDBG) Program, the HOME Investment Partnerships (HOME) Program, and the Emerpenr:y Shelter Grants (ESG) Propram. The draft Plan will be available for review at any Miami Beach puhlic library, the City Clerk's office, the city's Community/Economic Development Department, and the city's web site at www.ci.mj!Lmi-beacJJ...f.IJJ..s. FUNDS As an entitlement city, Miami Beach anticipates that it will receive the following funds for Fiscal Year 2001/2002: $2,B67,000 Community Development Biock Grant $1,626,000 HOME Investmenl Partnerships Grant $ 98,000 Emergency Shelter Grants PUBLIC HEARING The Community Development Advisory Commillee (CDAC) and the Community/Economic Deveiopment Department will hold a public hearing to receive commenls on Ihe draft Plan on June 26, 2001 at 6:00 p.m, in the First Floor Conference Room of City Hall, 1700 Convention Center Drive, Miami Beach, Aller the comment period, the final Plan will be presented to the City Commission at Ihe regular meeting of July 1 B, 2001. USE OF FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT. $3,167,000 (includes Entitlement Funds of $2,867,000 and $30D,000 in Program Income,) Public Services $ 576,600 City of Miami Beach Housing Programs $ 300,00D Seclion lOB Loan Repayment $ 200,DOO Other CDBG Eligible Activilies $ 1,157,000 Planning and Administration $ 633,400 HOME INVESTMENT PARTNERSHIP PROGRAM - $1,626,000 HOME Projects $ 582,100 Planning and Administration $ 162,600 Community Housing Development Organization (CHDO) CHDO Project Set-Aside $ BOO,OOO CHDO Operating Expenses $ 81,3DO EMERGENCY SHELTER GRANT PROGRAM - $98,000 Homeless Prevention $ 29,400 Outreach & Emergency/Transitional Housing $ 63,700 Planning and Administration $ 4,900 COMMENTS Wrillen comments may be submilled to the Community/Economic Development Department, 1700 Convention Cenler Drive, Miami Beach, FL 33139, INFORMATION For information on the One. Year Action Plan, contact the Communily/Economic Development Department at (305) 673.7260, EXHIBIT B SUMMARY OF COMMENTS FROM FINAL PUBLIC HEARING ON THE ONE-YEAR ACTION PLAN JUNE 26, 2001 6:13 P.M. Commission Chamber, Third Floor 1700 Convention Center Drive, Miami Beach, Florida 33139 SPEAKERS: Karl D. Kennedy, Miami Beach Community Development Corporation (MBCDC) - Spoke on behalf of MBCDC's housing program and requested that the City amend the Consolidated Plan to eliminate the 20% limit of subsidized units in any single condominium building, Bill Farkas, ArtCenter South Florida - Spoke on behalf of the ArtCenter, emphasizing the importance of the support from CDAC and the Administration to recommend CDBG funding for the ArtCenter which enables it to continue its programs, Cecilia Hunt, Little Havana Activities and Nutrition Centers - Rainbow Child Care - Spoke on behalf of the Little Havana Activities and Nutrition Centers programs and thanked the Administration and CDAC for their financial support through CDBG funding. Denis Russ, Local Initiatives Support Corporation (LISC) - Spoke on behalf of L1SC, stating that this agency can assist other organizations by providing technical assistance in the operation of projects, training, development of standards and measurements, and also provide resources to local groups that could help them improve their services, Bernie Winer, Police Athletic League (PAL) - Stated that he wanted to correct what he believed to be an inaccurate comment made during CDAC's deliberation phase of proposals, and stated that the PAL facility received $393,000 in CDBG funds over a four year period, not $600,000 as had been stated at an earlier CDAC meeting; and, that PAL had also received $25,000 in CDBG funds for the purchase of health/fitness equipment. OTHER ATTENDEES IN THE AUDIENCE OF THE JUNE 26, 2001 PUBLIC HEARING Lyseette Rivera Cripps, Community Development Division Alexander Diaz, Community Development Division Eric Wardle, Jr" Code Compliance Department Michelle Herrera, Rainbow School Frank E. Turcios, R.A.I.N. Parents, Inc. Liliana L. Childs, Rainbow Day Care Roberto Datorre, Miami Beach Community Development Corporation Adele Joseph, Rainbow School Damiana Vazquez, Rainbow School Xiadira Rubi, Rainbow School Tom Millner, South Beach AIDS Project F:\DDHP'I$ALLILYSSETre\Public Hearing - June 26_<10<: COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PROVIDER NAME This Agreement made and entered into this I" day of October, 200 I by and between the CITY OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and PROVIDER NAME, hereinafter referred to as "Provider"; WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing and Urban Development as part of its Community Development Block Grant Program for the period October 1,2001 to September 30, 2002 (hereinafter "the contract period"); and WHEREAS, the primary objective of the Community Development Block Grant Program is the development of viable urban communities, including decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No. 2001- on July 18,2001; and WHEREAS, the City has determined, through its One-Year Action Plan for Federal Funds for FY 2001/2002, the necessity for engaging the Provider to render the following services in Miami Beach: PROJECT NAME (collectively, the Program), NOW, THEREFORE, in consideration ofthe mutual benefits contained herein, the City and Provider agree as follows: Section 1. Section 2. Section 3. Section 4, Section 5. Agreement Documents: Agreement documents shall consist of this Agreement and four (4) attachments, all of which are incorporated by reference into this Agreement. Attachment I contains a description of the service and goals offered by the Provider. Attachment II is a line item budget. Attachment III outlines financial management procedures and reporting forms for use with Community Development Block Grant funds. Attachment IV contains applicable federal regulations. Statement of Work: The Provider agrees to implement the Activity in accordance with the Budget, as described in Attachment I and II. PROJECT NAME (570.208(a)/) Agreement Amount: The City agrees to make available Dollars ($) for use by the Provider for the contract period. Alterations: Any proposed alterations in the work program or the budget shall first be submitted to and approved in writing by the City, said approval at the City's sole discretion. Method of Payment and Reporting Requirements: The Provider agrees to submit monthly program progress reports on the 10th day of each month to the City during the contract period herein. The Provider also agrees to submit on September 30, 2002, a comprehensive final report covering the agreed-upon objectives, activities, and expenditures for the entire contract period, Such shall include performance data on client feedback, with respect to the goals and objectives outlined in Attachment 1. Attachment III contains reporting forms to be used in fulfillment of this requirement. Other Reporting Requirements may be required by the City in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. The Provider shall be informed, in writing, if any changes become necessary, Reports and/or requested documentation not received by the due date shall be considered delinquent and shall be considered by the City, at its sole discretion, as sufficient cause to suspend CDBG payments to the Provider. Section 6. Monitoring: The City shall schedule no less than one (I) monitoring visit with the Provider to evaluate the progress and performance of the program and provide technical assistance. Section 7. Additional Conditions and Compensation - It is expressly understood and agreed by the parties hereto that monies to be used for compensation, as contemplated by this Agreement, originate from grants of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD) and must be implemented in full compliance with all ofHUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined by the City, in its sole discretion and judgement, that said funds are no longer available, In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations - The Provider agrees to comply with all applicable federal regulations as they may apply to program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the Community Development Block Grant Program. "Benefits" under this section means financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available under activities funded by the CDBG Program, "Benefits" do not include relocation services and payments to which displacees are entitled by law. Section 10. Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, such consent to be at the City's sole discretion. Section 11. Term: This Agreement shall remain in effect through the contract period with the understanding that at the end ofthe fiscal year the City of Miami Beach City Commission has the authority to reappropriate any remaining funds. 2 Section 12. Termination of Agreement: The City and the Provider agree that this Agreement may be terminated in whole or in part for convenience and without cause, by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. However, if, in the case of a partial termination, the City, in its sole discretion, determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate same in its entirety, in the manner provided in this section, Notwithstanding the preceding paragraph, the City may also place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform in a material way, as same shall be determined by the City in its sole discretion, in accordance with the terms ofthis Agreement, or any Federal, State, County or City of Miami Beach statute or regulation. b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub-recipient, and applicable HUD rules and regulations. The City shall notifY the Provider in writing when the Provider has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. In the event that Provider fails to correct such deficiency within the forestated period, and following such notice from the City, this Agreement shall be terminated by the City, without further notice to Provider. In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination, or subsequent thereto, Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if, in the sole discretion of the City: a. The costs resulting from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and, in the case of termination, are noncancelable; and b. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. In the event of termination of the Agreement, at its sole discretion, the City may require Provider to transfer any CDBG assets to the City pursuant to Section 14 herein. 3 Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11375, and as supplemented in Department of Labor regulations. Section 14. Program Income: Any "Program Income" (as such term is defined under applicable federal regulations) gained from any activity of the Provider, funded by CDBG funds shall be reported to the City and utilized by the Provider in the operation of the CDBG-funded activity during the contract period, Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City and only in accordance with requirements set in 24 CFR ~570.200U). The Provider shall comply with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion, c. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. d. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. e. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section 12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any CDBG funds on hand at the time of termination or expiration and any account receivable attributable to the use of CDBG funds, Any real property under the Provider's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Provider in the form of a loan) in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five years after expiration of the Agreement, or for such longer period oftime as determined to be appropriate by the City; or 4 b. If not used in accordance with the above paragraph a, the Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in this section. Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by the U.S. Department of Housing and Urban Development for the administration and implementation of the Community Development Block Grant Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 570,502, and applicable federal laws and regulations in 24 CFR 570.600, et seq, In this regard, the Provider agrees that duly authorized representatives of the U.S. Department of Housing and Urban Development shall have access to any books, documents, papers and records of the Provider that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Provider shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-2l, "Cost Principles for Educational Institutions" as applicable. The Provider shall comply with the following provisions of the Uniform Administrative requirements of OMB Circular A-II 0 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG provision, as specified in this paragraph: a Subpart A - "General"; b Subpart B - "Pre-Award Requirements", except for ~84.12, "Forms for Applying for Federal Assistance"; c Subpart C - "Post-Award Requirements", except for: (I) Section 84.22, "Payment Requirements" - Grantees shall follow the standards of~~ 85.20(b)(7) and 85.21 in making payments to sub-recipients; (2) Section 84.23, "Cost Sharing and Matching"; (3) Section 84.24, "Program Income" - In lieu of ~ 84.24, CDBG sub-recipients shall follow ~ 570.504; (4) Section 84.25, "Revision of Budget and Program Plans"; (5) Section 84.32, "Real Property" - In lieu of ~84.32, CDBG sub-recipients shall follow ~ 570.505; (6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of ~ 84.34(g), the following applies: a. In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and 5 b. Equipment not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; (8) Section 84.52, "Financial Reporting"; (9) Section 84.53(b), "Retention and access requirements for records". Section 84.53(b) applies with the following exceptions: a. The retention period referenced in !l 84.53(b) pertaining to individual CDBG activities shall be four years; and b. The retention period starts from the date of submission of the annual \ performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (10) Section 84.61, "Termination" - In lieu of the provisions of!l84.61, CDBG subrecipients shall comply with !l570.503(b X7); and d Subpart D - "After-the-Award Requirements" - except for !l 84.71, "Closeout Procedures" . Section 18. Sponsorships: The Provider agrees that when sponsoring a Program financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT" shall appear in the same size letters or type as the name of the Provider. Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program, and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income, These records shall 6 be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. b. Time sheets for split-funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non-CDBG related charges. c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable, The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of four (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date ofthe four year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved, The City shall be informed in writing after closeout of this Agreement, ofthe address where the records are to be kept. Section 20. Audits and Inspections: At any time during normal business hours, and as often as City and/or Federal Government representatives may deem necessary, the Provider shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection or audit. Audits shall be conducted annually and shall be submitted to the City 180 days after the end of the Provider's fiscal year. The Provider shall comply with the requirements and standards ofOMB A-133, "Audits ofInstitutions of High Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-I28, "Audits of State and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider or any of its agents, servants, employees, contractors, patrons, guests, clients, licensees or invitees. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name ofthe City, when applicable, and shall pay all costs and judgements which may issue thereon. The Provider shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the City Administration. 7 The Provider shall maintain and carry in full force during the term ofthis Agreement and throughout the duration of this project the following insurance: a. Provider General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of$I,OOO,OOO single limit. The policy must include coverage for contractual liability to cover the above indemnification. b. The City of Miami Beach shall be named as an additional insured under all such insurance contracts and City of Miami Beach Resolution No. 2000-23997 shall be referenced in the certificate. c. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute. d. Automobile and vehicle coverage shaH be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shaH be in the amount of$500,000. e, Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and his/her insurance company. f. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M, Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval ofthe City's Risk Manager. g. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office ofthe Risk Manager, Third Floor City Hall. All insurance required by this section ofthe Agreement shaH be and remain in fuH force and effect for the entire contract period and each certificate or policy shaH carry the provision that the insurance shaH not terminate, lapse or otherwise expire, prior to thirty (30) days written notice to that effect, given by the insurance carrier to the City, and that the insurance carrier will not invoke the defense of performance of a governmental function by the Provider in performing this contract. Compliance with the foregoing requirements shaH not relieve the Provider of the liabilities and obligations under this Section or under any other portion of this Agreement. The City shaH have the right to obtain from the Provider specimen copies of the insurance policies, in the event that submitted Certificates ofInsurance are inadequate to ascertain compliance with required coverage. All of Provider's certificates, above, shall contain endorsements providing that written notice shaH be given to the City at least thirty (30) days prior to termination, canceHation or reduction in coverage ofthe policy, 8 Section 22. Conflict ofInterest: The Provider covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Community Development funded activities has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed, The Provider covenants that it will comply with all provisions of24 CFR 570,611 "Conflict ofInterest", and the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions, This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 23. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of the same shall lie in Miami-Dade County, Florida. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address, with copies to the Office ofthe City Attorney: City: , Joanna Revelo, Community Development Director Neighborhood Services Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Provider: Provider name Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000, less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $10,000, which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written. CITY OF MIAMI BEACH PROVIDER NAME Mayor Authorized Signatory City Clerk Typed Name and Title F :\DDHP\$ALL \L YSSETTEIACTPLAN\2000-O] lcontracl\Boilerplate for Hou,ing_doc 10 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PROVIDER NAME This Agreement made and entered into this I" day of October, 200 I by and between the CITY OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and PROVIDER NAME, hereinafter referred to as "Provider"; WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing and Urban Development as part of its Community Development Block Grant Program for the period October 1,2001 to September 30, 2002 (hereinafter "the contract period"); and WHEREAS, the primary objective of the Community Development Block Grant Program is the development of viable urban communities, including decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No. 2001. on July 18,2001; and WHEREAS, the City has determined, through its One-Year Action Plan for Federal Funds for FY 2001/2002, the necessity for engaging the Provider to render the following services in Miami Beach: PROJECT NAME (collectively, the Program). NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Provider agree as follows: Section 1. Section 2. Section 3. Section 4. Activity and Statement of Work: The Provider agrees to implement the Activity in accordance with the Budget, as described in Attachment I and II. PROJECT NAME (Regulatory citation) Project description/Scope of Work Agreement Amount: The City agrees to make available AMOUNT ($) for use by the Provider for the contract period. Agreement Documents: Agreement documents shall consist ofthis Agreement and four (4) attachments, all of which are incorporated by reference into this Agreement. Attachment I contains a description of the service and goals offered by the Provider. Attachment II is a line item budget. Attachment III outlines financial management procedures and reporting forms for use with Community Development Block Grant funds. Attachment IV contains applicable federal regulations. Alterations: Any proposed alterations in the work program or the budget shall first be submitted to and approved in writing by the City, said approval at the City's sole discretion. Section 5. Section 6. Section 7. Section 8. Audits and Inspections: At any time during normal business hours, and as often as City and/or Federal Government representatives may deem necessary, the Provider shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection or audit. Audits shall be conducted annually and shall be submitted to the City 180 days after the end of the Provider's fiscal year. The Provider shall comply with the requirements and standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24 CFR Part 44), as applicable. Ifthis Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. Compliance with Local, State and Federal Regulations - The Provider agrees to comply with all applicable federal regulations as they may apply to program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. Compensation and Additional Conditions - It is expressly understood and agreed by the parties hereto that monies to be used for compensation, as contemplated by this Agreement, originate from grants of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD) and must be implemented in full compliance with all ofHUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined by the City, in its sole discretion and judgement, that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. Contlict of Interest: The Provider covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Community Development funded activities has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance ofthis Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of24 CFR 570.611 "Conflict ofInterest", and the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above 2 Section 9. provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by the U.S. Department of Housing and Urban Development for the administration and implementation of the Community Development Block Grant Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the Provider agrees that duly authorized representatives of the U.S. Department of Housing and Urban Development shall have access to any books, documents, papers and records of the Provider that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Provider shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-21, "Cost Principles for Educational Institutions" as applicable. The Provider shall comply with the following provisions ofthe Uniform Administrative requirements of OMB Circular A-II 0 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG provision, as specified in this paragraph: a Subpart A - "General"; b Subpart B - "Pre-Award Requirements", except for 1184.12, "Forms for Applying for Federal Assistance"; c Subpart C - "Post-Award Requirements", except for: (I) Section 84.22, "Payment Requirements" - Grantees shall follow the standards of 1111 85.20(b)(7) and 85.21 in making payments to sub-recipients; (2) Section 84.23, "Cost Sharing and Matching"; (3) Section 84.24, "Program Income" - In lieu of 11 84.24, CDBG sub-recipients shall follow 11570.504; (4) Section 84.25, "Revision of Budget and Program Plans"; (5) Section 84.32, "Real Property" - In lieu ofIl84.32, CDBG sub-recipients shall follow 11570.505; (6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions ofll 84.34(g), the following applies: 3 a. In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and b. Equipment not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; (8) Section 84.52, "Financial Reporting"; (9) Section 84.53(b), "Retention and access requirements for records". Section 84.53(b) applies with the following exceptions: a. The retention period referenced in 11 84.53(b) pertaining to individual CDBG activities shall be four years; and b. The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (10) Section 84.61, "Termination" - In lieu of the provisions of 11 84.61, CDBG subrecipients shall comply with 11 570.503(b)(7); and (II) Subpart D - "After-the-Award Requirements" - except for 1184.71, "Closeout Procedures". Section 10. Eligible Participants: The Provider agrees that Community Development Block Grant funds shall be used to provide services primarily to residents of the City of Miami Beach. Section 11. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11375, and as supplemented in Department of Labor regulations. Section 12. Examination of Records: The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements ofthis Agreement, the Community Development Block Grant Program, and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all 4 Section 13. revenues and expenditures offunds provided directly or indirectly by this Agreement, including matching funds and program income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. b. Time sheets for split-funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non-CDBG related charges. c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period offour (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the four year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. IndemnificationlInsurance Requirements: The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider or any of its agents, servants, employees, contractors, patrons, guests, clients, licensees or invitees. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgements which may issue thereon. The Provider shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the City Administration. The Provider shall maintain and carry in full force during the term of this Agreement and throughout the duration ofthis project the following insurance: 5 a. Provider General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1 ,000,000 single limit. The policy must include coverage for contractual liability to cover the above indemnification. b. The City of Miami Beach shall be named as an additional insured under all such insurance contracts and City of Miami Beach Resolution No. 2001-_ shall be referenced in the certificate. c. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute. d. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $500,000. e. Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and his/her insurance company. f. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval ofthe City's Risk Manager. g. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. All insurance required by this section of the Agreement shall be and remain in full force and effect for the entire contract period and each certificate or policy shall carry the provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days written notice to that effect, given by the insurance carrier to the City, and that the insurance carrier will not invoke the defense of performance of a governmental function by the Provider in performing this contract. Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and obligations under this Section or under any other portion of this Agreement. The City shall have the right to obtain from the Provider specimen copies of the insurance policies, in the event that submitted Certificates ofInsurance are inadequate to ascertain compliance with required coverage. All of Provider's certificates, above, 6 shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage of the policy. Section 14. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of$IO,OOO. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000, less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $1 0,000, which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. Section 15. Method of Payment and Reporting Requirements: The Provider agrees to submit monthly program progress reports on the lOth day of each month to the City during the contract period herein. Attachment III contains reporting forms to be used in fulfillment of this requirement. The City may require Other Reporting Requirements in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date shall be considered delinquent and shall be considered by the City, at its sole discretion, as sufficient cause to suspend CDBG payments to the Provider. Section 16. Monitoring: The City shall schedule no less than one (I) monitoring visit with the Provider to evaluate the progress and performance ofthe program and provide technical assistance. Section 17. Notices: All notices required under this Agreement shall be sent to the parties at the following address, with copies to the Office of the City Attorney: City: Joanna Revelo, Director Community Development Division Neighborhood Services Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 7 Provider: Provider name Section 18. Program Income: Any "Program Income" (as such term is defined under applicable federal regulations) gained from any activity of the Provider, funded by CDBG funds shall be reported to the City and utilized by the Provider in the operation of the CDBG-funded activity during the contract period. Section 19. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City and only in accordance with requirements set in 24 CFR ~570.200Q). The Provider shall comply with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. d. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. e. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services; are located in a structure used exclusively for non- religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. Section 20. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section 12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any CDBG funds on hand at the time oftermination or expiration and any account receivable attributable to the use of CDBG funds. Any real property under the Provider's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Provider in the form of a loan) in excess of $25,000 must either: 8 a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five years after expiration of the Agreement, or for such longer period oftime as determined to be appropriate by the City; or b. If not used in accordance with the above paragraph a, the Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in this section. Section 21. Sponsorships: The Provider agrees that when sponsoring a Program financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM". In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT" shall appear in the same size letters or type as the name of the Provider. Section 22. Subcontract: No part ofthis Agreement may be assigned or subcontracted without the prior written consent of the City, such consent at the City's sole discretion. Section 23. Term: This Agreement shall remain in effect through the contract period with the understanding that at the end of the fiscal year the City of Miami Beach City Commission has the authority to reappropriate any remaining funds. Section 24. Termination of Agreement: The City and the Provider agree that this Agreement may be terminated in whole or in part for convenience and without cause, by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. However, if, in the case of a partial termination, the City, in its sole discretion, determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate same in its entirety, in the manner provided in this section. Notwithstanding the preceding paragraph, the City may also place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform in a material way, as same shall be determined by the City in its sole discretion, in accordance with the terms of this Agreement, or any Federal, State, County or City of Miami Beach statute or regulation. 9 b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub-recipient, and applicable HUD rules and regulations. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. In the event that Provider fails to correct such deficiency within the forestated period, and following such notice from the City, this Agreement shall be terminated by the City, without further notice to Provider. In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination, or subsequent thereto. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if, in the sole discretion of the City: a. The costs resulting from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and, in the case of termination, are noncancelable; and b. The costs would be allowable ifthe award were not suspended or expired normally at the end of the funding period in which the termination takes effect. In the event of termination ofthe Agreement, at its sole discretion, the City may require Provider to transfer any CDBG assets to the City pursuant to Section 16 herein. Section 25. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of the same shall lie in Miami-Dade County, Florida. 10 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written. CITY OF MIAMI BEACH PROVIDER NAME Mayor Authorized Signatory City Clerk Typed Name and Title F:\DDHP\$ALL\L YSSETTE\ACTPLAN\200 l-02\Boilerplate:s\Boilerplate for Others.doc 11 EMERGENCY SHELTER GRANTS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PROVIDER NAME This Agreement made and entered into this I" day of October, 2001 by and between the CITY OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and PROVIDER NAME, hereinafter referred to as "Provider"; WHEREAS, the City has received a grant from the U.S. Department of Housing and Urban Development as part of its Emergency Shelter Grants (ESG) Program for the period October I, 200 I to September 30, 2002 (hereinafter "the contract period"); and WHEREAS, the ESG Program is designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as to prevent homelessness; and WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No. 2001- on July 18,2001; and WHEREAS, the City has determined, through its One-Year Action Plan for Federal Funds for FY 2001/2002, the necessity for engaging the Provider to render the following services in Miami Beach: (collectively, the Program). NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Provider agree as follows: Section 1. Activity and Statement of Work: The Provider agrees to implement the Activity n accordance with the Budget, as described in Attachment I and II. PROJECT NAME Citation Program description/Scope of Services Section 2. Agreement Amount: The City agrees to make available AMOUNT ($) for use by the Provider for the contract period. Section 3. Agreement Documents: Agreement documents shall consist of this Agreement and four (4) attachments, all of which are incorporated by reference into this Agreement. Attachment I contains a description of the service and goals offered by the Provider. Attachment II is a line item budget. Attachment III outlines financial management procedures for use with Emergency Shelter Grants funds. Attachment IV contains all applicable federal regulations. Section 4. Alterations: Any proposed alterations in the work program or the budget shall first be submitted to and approved in writing by the City, said approval at the City's sole discretion. Section 5. Audits and Inspections: At any time during normal business hours, and as often as City and/or Federal Government representatives may deem necessary, the Provider shaIl make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection or audit. Audits shall be conducted annuaIly and shall be submitted to the City 180 days after the end of the Provider's fiscal year. Sub-recipients shaIl comply with the requirements and standards ofOMB A-133, "Audits ofInstitutions of High Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disaIlowed costs identified in an audit after such closeout. Section 6. Compliance with Local, State and Federal Regulations: The Provider agrees to comply with all applicable federal regulations as they may apply to program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 576. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. Section 7. Compensation and Additional Conditions: It is expressly understood and agreed by the parties hereto that monies to be used for compensation, as contemplated by this Agreement, originate from grants of Emergency Shelter Grants funds from the U.S. Department of Housing and Urban Development (HUD) and must be implemented in full compliance with all of HUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined by the City, in its sole discretion and judgement, that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. Section 8. Contlict oflnterest: The Provider covenants that no person under its employ who presently exercises any functions or responsibilities in connection with ESG-funded activities has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 576.57(d) "Conflict of Interest", and the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur 2 immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 9. Conformity to HUD regulations: The Provider agrees to comply with all applicable federal regulations as they may apply to program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 576. The Provider shall comply with the requirements and standards of: 24 CFR part 85 (codified pursuant to OMB Circular No. A-102), OMB Circular No. A-87, OMB Circular No. A-122, OMB Circular A-I 10 (implemented as 24 CFR part 84), and/or the related ESG provision as they relate to the acceptance and use of Emergency Shelter Grants amounts, as applicable. The Provider agrees to comply with all the provisions of 24 CFR 576.57. In this regard, the Provider agrees that duly authorized representatives of the U.S. Department of Housing and Urban Development shall have access to any books, documents, papers and records of the Provider that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. Section 10. Eligible Participants: The Provider agrees that the Program will serve only homeless individuals residing within the City limits of Miami Beach or individuals who are facing eviction or termination of utility services and are eligible to receive homeless prevention services in accordance with federal guidelines (the potential homeless.) Section 11. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11375, and as supplemented in Department of Labor regulations. Section 12. Examination of Records: The Provider shall maintain sufficient records in accordance with 24 CFR part 5 to determine compliance with the requirements of this Agreement, the Emergency Shelter Grants Program, and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. b. Time sheets for split-funded employees, which work on more than one activity, in order to record the ESG activity delivery cost by Program and the non-ESG related charges. 3 c. How the objectives defined in 24 CFR 576.1 and the eligibility requirement(s) under which funding has been received, have been met. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of four (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the four year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. Section 13. Homeless Assistance and Participation: Provider agrees that it will provide for the participation of homeless individuals on its policymaking entity, in accordance with 42 U.S.C. lI375(d). Section 14. IndemnificationlInsurance Requirements: The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider or any of its agents, servants, employees, contractors, patrons, guests, clients, licensees or invitees. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name ofthe City, when applicable, and shall pay all costs and judgements which may issue thereon. The Provider shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension ofthis thirty (30) day requirement is secured from the City Administration. The Provider shall maintain and carry in full force during the term of this Agreement and throughout the duration of this project the following insurance: a. Provider General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit. The policy must include coverage for contractual liability to cover the above indemnification. b. The City of Miami Beach shall be named as an additional insured under all such insurance contracts and City of Miami Beach Resolution No. 2001- shall referenced in the certificate. c. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute. 4 d. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $500,000. e. Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and his/her insurance company. f. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. g. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. h. All insurance required by this section of the Agreement shall be and remain in full force and effect for the entire contract period and each certificate or policy shall carry the provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days written notice to that effect, given by the insurance carrier to the City, and that the insurance carrier will not invoke the defense of performance of a governmental function by the Provider in performing this contract. Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Provider specimen copies of the insurance policies in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. All of Provider's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage of the policy. Section 15. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this agreement, so that its liability for any such breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000, less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. 5 Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $10,000, which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. Section 16. Matching Requirements: The Provider warrants herein that it will comply with the provisions of 24CFR 576.51 and 42 U.S.C. 11375(a)(3) and will provide the required dollar for dollar match from sources other than ESG, in accordance with Attachment II. The Provider will provide the City with evidence of such matching funds. Section 17. Method of Payment and Reporting Requirements: The Provider agrees to submit monthly program progress reports on the 10'h day of each month to the City during the contract period herein. Attachment III contains reporting forms to be used in fulfillment of this requirement. The City may require Other Reporting Requirements in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date shall be considered delinquent and shall be considered by the City, at its sole discretion, as sufficient cause to suspend ESG payments to the Provider. Section 18. Monitoring: The City shall schedule no less than one (I) monitoring visit with the Provider to evaluate the progress and performance of the program and provide technical assistance. Section 19. Notices: All notices required under this Agreement shall be sent to the parties at the following address, with copies to the Office of the City Attorney: City: Joanna Revelo, Director Community Development Division Neighborhood Services Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Provider: Section 20. Religious Organization or Owned Property: ESG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City and only in accordance with requirements set in 24 CFR 576.23. 6 Section 21. Reversion of Assets: Within 30 days of the expiration of this Agreement, the Provider shall transfer to the City any ESG funds on hand at the time of expiration and any account receivable attributable to the use of ESG funds. In accordance with Section 415(i) of the 1987 McKinney Act, each ESG recipient or sub-recipient herein certifies that it will maintain the facility as a homeless shelter for a period of ten (10) years in the case of major rehabilitation or conversion, or for three (3) years for other rehabilitation activities (other than major rehabilitation or conversion.) Any building for which ESG funds are used for other eligible activities must be maintained as a shelter for the homeless for the period during which such assistance is provided. Any real property under the Provider's control that was acquired or improved in whole or in part with ESG funds (including ESG funds provided to the Provider in the form of a loan) must either: (a) be used as a homeless facility for either ten (10) years or longer or three (3) years after the expiration of the Agreement or for such longer period of time as determined to be appropriate by the City; or (b) if not used in accordance with this paragraph (16), the Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-ESG funds for the acquisition of, or improvement to, the property. No payment is required after the period oftime specified in this section. Section 22. Sponsorships: The Provider agrees that when sponsoring a Program financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS PROGRAM" In written materials, the words "CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS FUNDS ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT" shall appear in the same size letters as the name ofthe Provider. Section 23. Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, such consent to be at the City's sole discretion. Section 24. Term: This Agreement shall remain in effect through the contract period with the understanding that at the end of the fiscal year the City of Miami Beach City Commission has the authority to reappropriate any remaining funds. Section 25. Termination of Agreement: The City and the Provider agree that this Agreement may be terminated in whole or in part for convenience and without cause, by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. However, if, in the case of a partial termination, the City, in its sole discretion, determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate same in its entirety, in the manner provided in this section. 7 Notwithstanding the preceding paragraph, the City may also place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform in a material way, as same shall be determined by the City in its sole discretion, in accordance with the terms of this Agreement, or any Federal, State, County or City of Miami Beach statute or regulation. b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub-recipient, and applicable HUD rules and regulations. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. In the event that Provider fails to correct such deficiency within the forestated period, and following such notice from the City, this Agreement shall be terminated by the City, without further notice to Provider. In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination, or subsequent thereto. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if, in the sole discretion of the City: a. The costs resulting from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and, in the case of termination, are noncancelable; and b. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. In the event of termination of the Agreement, at its sole discretion, the City may require Provider to transfer any CDBG assets to the City pursuant to Section III herein. 8 Section 26. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of the same shall lie in Miami- Dade County, Florida. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written. CITY OF MIAMI BEACH PROVIDER Mayor Authorized Signatory City Clerk Typed Name and Title \\CH2\ VOLI \DDHP\$ALL\L YSSETTE\ACTPLAN\200 I-02\Boilerplates\ESG Boilerplate.doc 9 AMENDMENT TO AGREEMENT This Amendment to the Agreement dated , _' between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, hereinafter referred to as the "City" and PROVIDER at ADDRESS, hereinafter referred to as the "Provider" is entered into this I st day of October, 200 I. WITNESSEm: WHEREAS, on , through Resolution Number , the Mayor and City Commission authorized the Mayor and City Clerk to execute an Agreement between the City and the Provider, for ACTIVITY in the amount of AMOUNT ($) to provide SCOPE OF SERVICES; and WHEREAS, to date, the expenditures for the project total EXPENDED AMOUNT, with the remaining BALANCE being available for continuation of the project for hard costs only; and WHEREAS, the parties now wish to amend the aforementioned Agreements to extend the expiration date to September 30, 2002; and WHEREAS, these Amendments do not change the purpose, scope, location or beneficiaries of these activities as reflected in the City's One-Year Action Plan for Federal Funds for Fiscal Year _; and WHEREAS, all other terms and conditions ofthe Agreement between the City and the Provider shall remain the same in full force and effect. NOW, mEREFORE, the "Term of Agreement" Section of each Agreement is hereby amended to add the following: Subject to the approval of this Amendment to the Agreement by the Mayor and City Commission, this Program shall continue as operational as of October 1,2001 and shall be completed by September 30, 2002. The term specified herein may be subject to any applicable term restrictions and limitations prescribed by HUD, and/or as may be otherwise prescribed herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed by their duly authorized officials on the day first above indicated. ATTEST: THE CITY OF MIAMI BEACH, FLORIDA CITY CLERK MAYOR WITNESSES: PROVIDER NAME AND TITLE OF AUTHORIZED SIGNATORY AumORIZED SIGNATORY F:\DDHP\$ALL \L YSSE1TE\ACTPLAN\200 I-02\BoilerplateslBoilerplate Amendment.do\; CITY OF MIAMI BEACH CITY HALL \700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33\39 http:\\ci.miami-beach.f1.us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 1M-v I Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez \. A~ City Manager U "'- 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FISCAL YEAR 200112002, WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSIDPS (HOME) PROGRAM, AND THE EMERGENCY SHELTER GRANTS (ESG) PROGRAM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS NECESSARY TO IMPLEMENT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANTS (ESG) ACTIVITIES, WIDCH WERE INCLUDED AS PART OF THE ONE-YEAR ACTION PLAN, AS FOLLOWS: TWENTY-NINE (29) CDBG SUB- RECIPIENT AGREEMENTS, TWO (2) CDBG INTERDEPARTMENTAL COOPERATION AGREEMENTS; TWO (2) ESG INTERDEPARTMENTAL COOPERATION AGREEMENT; AND THREE (3) ESG SUB.RECIPIENT AGREEMENTS; AUTHORIZING THE ADMINISTRATION AND THE OFFICE OF THE CITY ATTORNEY TO MAKE MINOR NON-SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION; AMENDING CERTAIN AGREEMENTS, AS SET FORTH IN THE BODY OF TIDS RESOLUTION, FOR FISCAL YEAR 1999/2000, 1998/1999, 1997/1998, AND 1996/1997 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL FUNDS WHEN RECEIVED. DATE: July 18, 2001 ADMINISTRATION RECOMMENDATION ANALYSIS Adopt the Resolution. The City of Miami Beach is an entitlement recipient of federal formula grant programs from the U.S. Department of Housing and Urban Development (HUD), as follows: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). HUD determines funding to entitlement cities through a formula that considers the City's demographics and the income levels of its residents, based on the decennial census data. This year, the City anticipates it will receive a total of $4,591,000 in federal grants from HUD, as follows: $2,867,000 in COBG funds, $1,626,000 in HOME funds; and $98,000 in ESG funds. Additionally, the City anticipates that its subrecipients will receive approximately $400,000 in program income, which will be retained and applied to their CDBG-funded activities. AGENDA ITEM C 7 P DATE 7- ft-O/ COMMISSION MEMORANDUM JULY 18,2001 PAGE 2 The City has received federal funds from HUD for the past 27 years, and has successfully used these funds to revitalize its neighborhoods, create jobs, improve public facilities, rehabilitate and preserve the housing stock, create affordable homeownership opportunities and provide public services through partnerships with local service providers. As a complement to the City's 5-Year Consolidated Plan, HUD requires the City of Miami Beach to submit an annual One-Year Action Plan as both an application for funds and a planning document. The One-Year Action Plan outlines the activities that the City proposes to undertake and the strategy it proposes to take to address the needs identified in the Consolidated Plan. The One-Year Action Plan also describes the City's citizen participation process, and the resources available to undertake housing and community development activities. In prior years, the Administration had presented the One-Year Action Plan for Commission approval at the first Commission meeting in July. The agreements to implement the proposed activities were brought to the Commission for approval at the first Commission meeting in September. The amendments to agreements for multi-year activities were presented to the Commission in October. This year, both the One Year Action Plan and the agreements for the activities proposed in the One-Year Action Plan (including multi-year activities) will be considered by the City Commission at this first meeting in July. The Administration believes this change to the prior year process will provide for greater expediency in the submission of documents to HUD and the implementation of activities for Fiscal Year 2001/2002. On May 8, 2001 the Administration, together with the Community Development Advisory Committee (CDAC), approved a series of joint funding recommendations for the proposed activities, as outlined in the Plan (See Exhibit A, pages 6-11). This year, for the first time, the City's Committee on the Homeless was invited by CDAC to make recommendations regarding funding for homeless continuum of care activities. The Committee on the Homeless recommendations were included with those of the CDAC and the Administration. These recommendations were compiled and a draft of the Plan was prepared. This Draft Plan was made available to the public with copies available at the City Clerk's Office, the Miami Beach branch libraries, and the City's web site for a 30-day comment period commencing June 1,2001 and ending June 30, 2001. To further encourage public participation, a public hearing was held on June 26, 2001. No comments were received during the public comment period and a summary of the comments made at the public hearing has been incorporated into the final Plan. (Exhibit B) Throughout this process, the Administration and the CDAC received public input regarding areas of need, as they relate to housing and community development priorities for the City. The resulting One-Year Action Plan outlines a funding strategy to address meeting the identified needs in a prioritized manner. Generally speaking, this strategy is: (1) to continue physical improvements of the City's older neighborhoods; (2) to continue to work with the Miami-Dade County Homeless Trust on a continuum of care of assistance for the homeless; (3) to continue to address the housing needs through rehabilitation (or acquisition/rehabilitation) of the existing housing stock; (4) to provide public services; and (5) to support the development of projects that will result in job creation and overall improvement to the City's neighborhoods. For Fiscal Year 2001/2002, funds will be allocated as follows: Community Development Block Grant (CDBG) Program - To determine the total amount of CDBG funds available to address the identified needs, the City utilizes a series of prescribed calculations, as determined by HUD regulations and guidelines. The first of those calculations is the amount available for public services (activities to assist the elderly, people with HIV / AIDS, children and youth, housing services, health services, job referrals, employment training, emergency assistance for families and individuals, mental health COMMISSION MEMORANDUM JULY 18,2001 PAGE 3 services, and services for the homeless). For Fiscal Year 2001/2002 that amount is $576,600. For a detail of these activities, see Exhibit A, pages 6-9. The second calculation is the amount of CDBG funding available for distribution for capital improvements, housing and commercial rehabilitation, affordable housing programs, code compliance and the removal of architectural barriers/ADA compliance. For Fiscal Year 2001/2002 that amount is $1,137,000. For a detail of these activities, see Exhibit A, pages 9-10. Finally, the City determined the amount available to address other priorities, not administered by subrecipients. For Fiscal Year 2001/2002 that amount is $1,153,400. Activities in this category include funding for City of Miami Beach Housing Programs, the Planned Repayment of the Section 108 Loan, Planning and Administration of the CDBG program, and Fair Housing Activities. For a detail of these activities, see Exhibit A, pages 9-10. Prior year funded activities that have been allowed to be carried over from the original award date have been included in the One-Year Action Plan. The Agreements for those activities will be amended to extend the expiration dates of the Agreements to September 30, 2002, to allow for activities to be completed. For details, see Exhibit A pages 10-11. The amendment to the above referenced Agreements is a routine administrative procedure that the City undertakes from time to time to ensure that federal funds are used in a timely manner that provides the greatest benefit for the low- and moderate-income residents of Miami Beach. HOME Investment Pannerships (HOME) Program - The HOME Investment Partnerships Program funds both nonprofit and for-profit affordable housing developers, including the City's designated Community Housing Development Corporation (CHDO), Miami Beach Community Development Corporation. HOME Program funds are utilized to upgrade the housing stock and to provide rental and home ownership opportunities on a citywide basis. For detail offunded activities see Exhibit A, page 13. Emergency Shelter Grants (ESG) Program - The majority ofthe ESG program funds are to provide shelter beds, outreach, and other supportive services for the homeless population of Miami Beach. This is consistent with the City's Continuum of Care strategy, as outlined in the City's adopted Consolidated Plan. The Administration recommends that the homeless prevention category be funded at its maximum 30% of available funding, due to the overwhelming need for emergency rental vouchers and/or utility assistance. For detail of funded activities see Exhibit A, page 12. According to HUD guidelines, the City Manager is the designated agent for all the formula grants and executes the Grant Applications, the Grant Agreements, and other applicable HUD documents. The Neighborhood Services Department coordinates the planning, preparation, submission and monitoring of the One-Year Action Plan. The Administration recommends approval of the Plan. Upon Commission approval, the Plan will be submitted to HUD on or before the August 16, 200 I deadline. Also upon Commission approval, the City Manager will execute Agreements, as necessary to implement activities described in the Plan. Finally, upon Commission approval, the City Manager will execute amendments to extend expiration dates of certain Agreements, as described in the body of this Memorandum, to continue to provide the capital improvement projects with the necessary funding for project completion, also as described in the One-Year Action Plan for Fisca ear^2,~1I2002. rtilirc